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Letter  of  Transmittal 


Mr.  jaincs   liertram,  Secretary, 
Carnegie  Corporatimi, 
New  York. 

.M  V  1  )ear  Mr.  liertrain  : 

The  foHmving  pages  prepared  at  your  sugge.stion  give  a  brief  survey  of 
the  laws  relating  tn  libraries  in  the  various  states  and  territories. 

Most  nf  the  public  libraries  nf  the  country  come- under  four  headings 
which  may  he  fnund  in  the  inde.x:  I'irst,  county  libraries,  a  heading  which 
is  self-explanatory:  second,  ])ublic  (municipal)  libraries,  which  are  controlled 
by  the  municipal  authorities;  third,  public  school  district  libraries,  which 
are  supjxirted  for  and  b\'  schnnl  districts,  including  many  city  school  dis- 
tricts, and  are  controlled  bv  the  direct  or  delegated  authority  of  the  school 
board,  some  of  the  largest  jjublic  libraries  in  the  country  being  in  this  class; 
fiiurth.  librarv  associatio'us,  1)\-  which  is  usually  meant  association,  corpora- 
tion or  other  privately  owned  libraries  which  liave  been  made  jiublic  and 
are  .sustained  wholly  or  in  part  by  ])ublic  funds.  \\'here  laws  refer  to  cities 
and  districts  of  different  classes,  I  have  a])pended  the  laws  governing  such 
classification.  Tlie  laws  also  pro\i<le  for  State,  Law,  Historical  anil  other 
libraries. 

1  ha\e  endeavored  to  bring  out  fully  those  laws  which  relate  to  the  ac- 
ce])tance  of  gifts  bv  libraries  and  the  contracts  and  various  otlier  provisions 
relating  thereto.  In  many  cases  these  have  been  given  verbatim.  I  refer 
in  the  index  to  laws  obxiously  api^lying  to  gifts  from  Mr.  Carnegie  or  the 
Carnegie  Corporation,  c\en  although  .Mr.  Carnegie's  name  may  not  be  men- 
tioned. I  have  als(.)  endeavored  to  bring  out  with  sufficient  fidness  the 
various  ])ro\-isious   for  lilirary  su])]Hirt. 

In  looking  through  the  laws,  it  will  l)c  obscrxcd  that  state  libraries, 
tra\eling  bbraries,  commissions  and  oilier  state  work  are  usualls'  supported 
by  the  apjiropriation  of  a  delinite  amount  of  money,  but  that  county,  niu- 
nici])al.  school  district  and  other  ])ublic  libraries  are  sup])orted  l)y  the  le\'v 
of  a  percentage  on  the  \aluation  of  the  taxable  ])ropertv  of  the  ])olitical  sub- 
division maintaining  the  library,  tlie  maximum  of  which  is  fixed,  and  furtlier 
that  this  maximum  varies  widely.  This  information  is  of  little  value,  how- 
ever, unless  the  jD'actice  in  each  state  ris  to  \aluation  of  ])roperty  is  also 
known  :  and  this,  I  understand,  varies,  and  can  hardly  lie  determined  b\-  the 
text  of  the  statutes.  Tt  would  be  desirable  to  know  also  what  general  limita- 
tions there  may  be  ujxm  taxation  and  the  ]iower  to  issue  bonds.  If  the  ]iowcr 
to  tax  in  any  munici])ality  or  district,  and  any  limitations  thereon.  ,ire  known. 
tlie  size  of  the  tax  dui)licate  given  in  the  state  auditor's  report  would  sIktw 
whetlier  the  numicipality  oi-  district  is  able  legally  to  raise  the  ncoessarv 
amount.      If  the   v.-itio   between   the   tax   duplicate  and   the   true   \;dnc  of  the 


pniperty  is  knnwn,  an  opininn  can  l)e  furnied  as  to  whether  the  cumniunity 
is  asstiniini;  an  undue  l)Unlen  and  is  tlierefore  less  likely  to  continue  it 
])erniancntly. 

I  have  given  rather  fully  the  laws  relating  to  library  commissions,  as 
1  hope  that,  through  commission  work  and  influence,  you  may  be  able  to 
induce  public  libraries  to  realize  their  obligations  and  meet  them.  In  some 
states,  as  you  will  observe,  library  commission  work  is  done  by  some  other 
body,  as.  for  instance,  the  state  library  or  the  board  of  education. 

I  have  given  some  laws  providing  for  exemption  of  library  property 
from  taxation.  This  is  done  in  some  states  by  special  laws,  in  others  under 
general  exemption  laws;  these  last  have  not  been  fully  looked  up,  and  I 
would  have  liked  to  repair  this  omission  if  time  had  ])ermitted.  It  may, 
howe\'er,  be  safelv  assumed  that  the  property  of  libraries  as  educational 
institutions  is  universally  exempt. 

A\'hen  I  transmitted  to  you  several  months  ago  the  typewritten  copies 
of  the  laws,  I  had  hoped  and  planned  to  spend  the  less  busy  time  of  next 
summer  in  Iik  iking  up  these  cpiestions  and  revising  the  copies  sent.  I  had 
also  intended  to  include  any  additional  legislation  or  amendments  and  note 
any  laws  repealed  in  twelve  states  whose  legislatures  are  or  will  be  in  session 
this  winter  or  spring,  and  in  so  d(^ing  to  re\'ise  the  work  alreadv  done.  In 
complying  with  your  request  to  print  as  ra])idl\'  as  possible,  at  this  time.  1 
regret  that  these  things  are  not  done. 

I  ha\e  been  greatly  interested  in  this  work,  and,  while  I  realize  that  it 
still  lacks  very  mucli.  I  trust  it  is  sufficiently  full  and  accurate  to  be  of  some 
service  to  the  Carnegie  Cor]Miration. 

A])i)reciating  the  i  i])p(irtunity  ynu  ha^•e  given  me  to  serve  them,  T  am. 

Yours  very  truly, 

W'm.  11.  r-rett. 


Cleveland,  April  20tli,  l'M6 


ABSTRACT  OF  LAWS 

RELATING     TO    LIBRARIES 

IN  FORCE  IN  1915 

IN  THE 

STATES  AND  TERRITORIES 

OF  THE 

UNITED  STATES 


Privately  Printed 
April,  1916 

L.,  O. 


Copyright,  1916 
BY  James  Bertram. 


ClUl^lAj 


CONTENTS 


Pages 

Alabama  1-- 

Alaska    3 

Arizona    5-8 

Arkansas   9-10 

California  ...: 11-30 

Colorado :     31-33 

Connecticut 37-40 

Delaware   41-48 

Florida   : 49-50 

Georgia    51-54 

Hawaii   .'. 55 

Idaho    ; .^..     57-59 

Illinois    .'...     61-72 

Indiana  73-83 

Iowa  85-94 

Kansas   95-99 

Kentucky  101-112 

Louisiana  113-116 

Maine   117-121 

Alaryland  123-127 

Massachusetts    129-134 

Michi,','an    135-141 

Minnesota    143-150 

Mississippi  151-153 

Missouri  :  155-162 

Montana  163-168 


Pages 

Nebraska  169-174 

Nevada  175-178 

New  Hampshire 179-182 

New  Jersey  183-195 

New  Mexico  197-199 

New  York  201-209 

North  Carolina  211-217 

North  Dakota  219-224 

Ohio   225-237 

Oklahoma 239-242 

Oregon  243-251 

Pennsylvania 253-267 

Porto  Rico 269-270 

Rhode  Island  271-275 

South  Carolina  ,  277-279 

South  Dakota  281-286 

Tennessee   287-293 

Texas   295-302 

Utah   303-307 

Vermont  309-317 

Virginia   319-325 

Washington 327-33S 

West  Virginia 337-342 

Wisconsin   343-358 

Wyoming   359-362 

Index 363-368 


40519- 


k\-  ^vaum 


ticaft^ieiai 


Al.AIJAMA 1 

ALAl'.A.MA 

Lir.RARIhlS 

Com-:  OF  Ai.AiiAMA,  1907 

SiicTiOX  135S:  Cities  and  towns  shall  ha\e  the  rit^ht  to  establish  and 
maintain,  or  aid  in  establishin;^'  and  maintaining",  pnblie  lilirar- 
ies,  cither  sejiaratelv  or  in  connection  with  the  jjnblic  schools. 

DEPARTMENT  OF  ARCHR'ES  AND  HISTORY 
Code  of  Ai.araima,  1907,  Chapter  23 

Section  793.     h'stahlishment : 

There  is  for  the  state  of  Alabama  a  department  of  archives  and 
history,  to  be  located  in  the  state  capitol  in  apartments  to  be  set 
aside  for  its  use  by  the  ,c;Overnor.  (Verbatim) 

Section  794.     Objects  and  purposes: 

The  objects  and  purposes  of  the  said  department  arc  the  care  and 
custody  of  official  archives,  the  collection  of  materials  bearing  upon 
the  historv  of  the  state,  the  compilation  and  publication  of  the  state's 
official  records,  the  diffusion  of  knowledge  in  reference  to  the  his- 
torv and  resources  of  the  state,  the  encouragement  of  hist<irical 
work  and  research  ; 

I  I'nnclions  as  librarx'  commission — traveling  libraries:] 

to  encourage  and  assist  in  the  establishing  of  ])ul)lic  school  libraries, 
and  in  the  improvement  and  strengthening  of  those  already  in  ex- 
istence; to  give  advice  and  provide  assistance  to  librarians  and 
li1)rarv  workers  in  librar\-  administration,  methods  and  economv, 
and  to  conduct  a  system  of  traveling  libraries. 

I  j-'unclions  as  legislative  reference  bureau:  | 
It  shall  bring  together  and  arrange  f(ir  ready  consultation  a  re- 
ference collection  of  materials  for  the  use  of  the  members  of  the 
legislature,  state  officers  and  others,  on  all  subjects  which  may  from 
time  to  time  be  deemed  of  iiublic  interest  and  imi>ortance  to  ilie 
people  of  the  state,  and  shall  i)erform  such  other  acts  and  re(|uire- 
ments  as  ma\'  be  enjoined  by  law. 

Si:c'rio.\  7'*.^.     lioard  of  trustees: 

Names  nine  ])ersons  for  the  nine  congressional  districts.  Fixes 
their  terms  at  from  two  to  six  years. 

Sfctiox  796.     Powers  and  duties  of  the  board  of  trustees.     Xo  com- 
pensation: 
Thev  shall  fill  all  vacancies,  whether  by  expiration  of  term  or  other 
cause.  Thev  shall  meet  oticc  \earlv  and  a*^  manv  '^jtecial  meetings 

1 


Alabama — 2 

as  necessary.  The  governor  shall  he  ri  niemher.  The  trustees  shall 
receive  no  compensation  hut  actual  expenses,  shall  make  rules,  elect 
a  director  and  staff,  provide  for  jnihlication  of  historical  material. 
and  mark  llu-  remains  i>\  histurical  sites  and  prehistoric  mounds, 
etc. 

Section  7^)7.      L'rovides  for  the  election  of  a  director. 

Section  /^'fft^.     Oath  of  director. 

Section  700.      Duties  of  director: 

Sliall  direct  the  work  of  the  department,  care  for  archives,  ])repare 
a  hiennial  register,  special  data  concerning  Alahama  soldiers  in 
the  war  between  the  states ;  report  annually  to  the  trustees ;  provide 
for  publication  report  of  Alabama  history  commission. 

Section  800.     Other  officers  authorized  to  turn  over  books,  docu- 
ments, etc.,  to  the  archives  commission. 

rii-NEK.M.  .\(TS.  Pm:\:  743,  Xo.  603; 

An  act  re(|uiring  libraries  to  make  rei)orts.  All  libraries  other  than 
l)ri\-ate  libraries,  including  free  public  or  subscription  lil)raries, 
libraries  of  institutions,  societies,  colleges  and  schools,  are  required 
to  make  both  regular  and  special  reports  to  the  department  of 
archives  and  historv.  as  mav  be  called  for  by  that  department. 

Si'.cTio.v  801.      T'ro\-i(k's  for  making  co])ies  of  docmnents. 

Si-:cTioN  802.        .\ulhorizes  compilation   of  statistical   register,  bien- 
nially. 

Sia'iiox  80.\      .Mab.ama  soldiers: 

The  department  shall  make  special  effort  to  collect  data  in  reference 
lo  the  soldiers  from  Alabama  in  the  war  between  the  states,  both 
from  the  war  dcpainmcnt  at  Washington  and  also  from  private 
individuals,  and  to  cause  the  same  to  be  prepared  for  pttblication 
as  speedily  as   i)ossible.  (A'erl)atim'i 

.Sectton  804.      i'roxides  salarv  I'or  director. 

Section  805.     .\])propriation. 

Section  806.      Trovides   for  printing. 

Section  807  and  808.      Provide  for  sjjccial  monuments. 

Section  800.     .\])pointment  of  stenographer. 

Section  810.     Publication  of  state  papers,  etc. 


Alaska — 1 
ALASKA 

II[S'IT)RKAI.  l.ir.RAin-  AXI)  MUSEUM 

CoMi'iLKi)  Laws  of  Alaska,  lOL^ 

Sectiox  327.      Lstalilishment.     Contents.     Funds. 

For  each  certificate  issued  to  a  member  of  the  l)ar  aulhorizin^-  him 
to  practice  law  in  tlie  District,  a  fee  of  $10.00  sliall  he  paid  to  the 
Clerk  of  the  Conn,  which  shall  he  hy  him  ])rnmi)tlv  remitted  to 
the  Secretary  of  the  District,  and  at  the  same  time  the  Clerk  shall 
advise  the  Governor  of  such  remittance.  For  each  commission 
issued  to  a  Notary  Public  a  fee  of  $10.00  shall  he  i)ai(l  to  the  Secre- 
tar)'  of  the  District.  The  fees  received  by  the  Secretary  under 
thi'^  section  and  under  chajiter  74  of  Title  Thirteen  shall  l)e  by 
liim  retained  and  ke])t  in  a  fund  to  be  known  as  the  District  LTis- 
torical  Librar\-  fund.  The  fund  thus  collected  shall  be  disbursed 
on  the  order  of  llie  (iovernor  for  the  pin"])ose  of  establishiuii-  and 
maintaining;-  ihe  District  Historical  Library  and  Museum.  The 
same  shall  embrace  cojjies  of  all  laws  relatiui^-  to  the  District,  and 
all  papers  and  ])eriodicals  jniblished  within  the  District,  and  such 
other  matter  of  historical  interest  as  the  Governor  may  consider 
\aluable  and  ai)propriate  for  such  collection.  The  collection  shall 
also  embrace  such  ciu-ios  relating-  to  the  aborio-ines  and  the  settlers 
as  may  be  by  the  Governor  deemed  of  historical  im])ortance.  The 
collection  thus  made  .shall  be  described  bv  the  Governor  in  the  an- 
nual report  of  the  Governor  to  the  Secretarv  of  the  Interior,  and 
shall  be  by  him  kept  in  a  secure  place  and  turned  over  to  his 
successor  in  office.  The  Secretary  of  the  District  and  the  Ciovernor 
shall  each  annua]l\-  accoimt  to  the  Secretarv  of  the  Interior  for 
all  receipts  and  disbursements  in  connection  with  such  Historical 
Library  and  Museum. 

The  Historical  Librarx'  and  .Museum  is  herebv  made  and  desiy^- 
nated  De])ository  of  Publications  of  the  Government  and  shall  be 
su])plied  with  one  co])v  of  each  of  said  ])ublicatious  in  the  same 
manner   as    such    ])u]ilications    are    su])|)Iie(l    to   otlu'r   dei)ositories. 

(  X'erbalim  ) 
Xote:      Chai)ler  74  of  Title  Thirteen   mentioned   aboxe  prescribes 
the  duties  of  the  Clerk  of  the  District  Court,  but  makes  no  mention 
of  fees. 

Skctiox    328.      I'unds.      Disbursements: 

All  fees  received  by  the  Secretary  of  the  District  of  .\laska  as 
such  Secretary,  from  every  source  whatsoever,  shall  be  disbursed 
on  the  order  of  ijie  Governor  of  the  District  of  Alaska,  for  the 
benefit  o|  the  \l;iska  iIi'^loricaI  I.ibrarv  and  Mu'^eum.  ruid  all  sueh 
receipts  and  disbursements  shall  be  accoimted  for  in  the  m.inner 
prescril)ed  in  Section  3.27.  ante. 

3 


Arizona — 1 
ARIZONA 

STATE  LIBRARY 
Laws  of  Arizona,  1915,  Page  134,  Chapter  62 
SECTION  1.     Establishment: 

A  state  lilirary  is  hereby  establislied,  to  be  located  at  the  state 
Capitol ;  to  be  under  the  direction  of  a  board  of  three  curators  ap- 
jminted  by  the  "overnor  with  the  consent  of  the  senate.  Terms 
after  the  first  appointment  to  be  six  years. 

Section  2.  Duties  of  curators.  Legislative  reference  librarian: 
Curators  sliall  ha\e  control  and  management  of  the  library,  make 
regulations,  elect  a  chairman  and  a])point  a  law  and  legislative  re- 
ference lil)rarian  who  shall  act  as  secretary  of  the  board  and  hold 
office  at  their  ])leasure.  Provided  that  said  board  will  not  be  em- 
powered to  appoint  such  librarian  during  the  encumbenc\-  of  the 
librarian  provided  for  in  section  3  of  this  act. 

Section  3.     Legislative  reference  librarian: 

Lentil  otherwise  provided  by  law.  Con  P.  Cronin  is  appointed  legis- 
lative reference  librarian,  and  shall  serve  until  his  successor  is 
appointed.     Any  vacancy  shall  be  filled  by  the  board  of  curators. 

(Verbatim) 

Section  4.     Legislative  reference  Imreau: 

Provides  for  the  maintenance  of  a  legislative  reference  liureau  for 
the  ti.se  of  .state  officials  and  of  citizens. 

Section  5.     Duties  of  legislative  reference  librarian: 

Librarian  shall  prepare  catalogs  of  laws,  bills,  resoltitions.  docu- 
ments, dig'ests  of  laws,  files  and  clippings  of  newspapers,  and  other 
l)rinted  matter,  and  shall  iironipll\-  jirocure  information  at  the 
ref|uest  of  State  officials. 

Section  C).     l^uties: 

Ca)      To  kee]:)  duplicate  loose-leaf  indexed  set  of  statutes. 

(b)  To  keep  duplicate  loose-leaf  court  decisions. 

(c)  To  sti]K'r\'isc  compilation  and  printing  of  statutes. 

(d)  To  supervise  the  printing  of  particular  sections  of  the  statutes. 

(e)  To  super\-ise  the  com])ilation,  indexing  and  ])rinting  of  the 
session  laws. 

Section  7.     Duties: 

(ii)      To  attend  at  librar\-  during  office  hours. 

(b)  To  act  as  secretary  of  the  curators;  keep  records  of  pro- 
ceedings. 


Arizona — 2 

(c)  Purchase  lM)oks.  sell  and  exchan,q;e  (l(Kunients. 

(d)  Keep  in  order  and  re])air  library  books. 

(e)  Approve  claims. 

(f)  Keep  register  of  accessions. 

(g)  Arrange  exchanges  of  public  documents, 
(h)  Rienniallv  re])ort  to  the  governor. 

Sectiox  8.     Duties : 

Li1)rarian  shall  neither  oppose  nor  urge  legislation,  but  upon  re- 
quest assist  members  in  preparing  liills  and  resolutions.  All  such 
work  shall  be  confidential. 

Skctiox  9.     Duties : 

Shall  secure  and  ])ind  slate  newspapers. 
Sf.cttox  10.     Recovery  of  books: 

Librarian  is  authorized  to  bring  suit  for  the  recovery  of  books. 

Section  11.     Liljrarv  fund  shall  consist  of  the  fees  collected  by  the 
Clerk  of  the  Sui)reme  Court. 

Skcttox  12.     Library  hours. 

Section   13.     Lilirarian's  salary. 

Section    14.     Lil)rarian's  bond. 

LIBRARIES  AND  READING  ROO^IS 

Revised  St.\ti;tes,  1913,  Chapter  8 

Section   1025.     Establishment: 

I\Iunici]'al  authoritv  of  anv  incorporated  citv  or  town  having  five 
thousand  or  more  inhabitants  authorized  and  directed  to  le\-y 
annually  in  addition  to  all  other  taxes,  a  tax  not  to  exceed  one- 
half  mill  on  each  dollar  for  the  purpose  of  establishing  and  main- 
taining Free  Pul)lic  Liliraries  and  Reading  Rooms,  purchasing 
books,  etc.,  and  maintaining  such  buildings  as  may  be  necessary. 

Sectiox   l*'2f').     Donations: 

.\ny  such  cil\-  or  incorjxiraled  tdwn  ma\-  receixe,  hold  (ir  dis])ose 
all  gifts  or  donations  given  for  liljrarv  purposes. 

Section  1927.     Library  fund: 

All  money  received  from  each  donation,  gift  or  otherwise  shall 
be  designated  as  library  fund,  paid  into  city  treasury,  kept  se])arate 
from  other  funds  and  drawn  on  only  for  purposes  authorized.  All 
property  acquired  shall  vest  and  remain  in  the  citv. 

6 


Arizona — 3 

Sectjux  1928.      J'itlc  to  properly: 

All  property,  real  or  personal,  crcalcd  In-  ,i;ifl.  dcx  isc.  hciiuesl  or 
(illierwisc.  uiiik-r  llic  pnixisiuns  of  (ir  for  an\-  piirpiKc  aiuhnrizcd 
1>\'  lliis  cliajjlcr,  so  xcstcd.  l)c  and  remain  in  the  i)ri)|)cr  cit\'  and 
niav  he  jjrolected,  defended  and  -^ued  for  l)v  aetion  of  law  or  other- 
wise, in  llie  name  of  such  city,  as  in  other  cases. 

Si-:c"Ti()\   l')29.     Trustees: 

Munici|)al  authorities  max-  ai)])oint  fwv  residents  as  Trustees  [o 
hold  office  tor  same  time  as  municii)al  autliorities  imless  removed 
])v  death,  resignation  or  Iw  municipal  council  for  good  cause. 

Section'  1930.     Office  of  Trustee  honorary  without  compensation. 

Section  19,i1.     Organization.     Staff: 

.Shall  take  charge  <if  all  property  of  lihrarv,  shall  meet  on  the  lirst 
Tuesday  of  each  month,  and  at  other  times  as  arranged,  may  elect 
president  and  secretar\-  of  their  own  numher  and  a  lihrarian.  resi- 
dent of  the  citA'. 

Si:(TioN   1932.      Duties  of  Trustees: 

Shall  make  and  enforce  rules,  admitiister  trusts,  prescribe  duties 
ol  (ihicers,  m.ake  necessary  ])urchases,  order  jiax-ment  of  bills,  fix- 
salary  of  the  librarian,  and  with  the  ap])ro\al  of  the  common  coun- 
.cil,  ])urchase  real  estate,  erect  buildings,  shall  elect  and  may  remoye 
at  their  ])leasiu-e  all  necessary  officers. 

Section    ]'>?>^.      Uills    audited    In-    City    .\udilor    and    paid    by    City 
Treasurer. 

Section    1934.      Annual    report   to   nninici])al   atitliorities   before   the 
1st  day  of  July. 

Section    1'*3.s.     Drdinances.     Land: 

Municip.'il  authorities  shall  i)ass  ordinances  for  |)rotection  of  lihrarv 
property,  <hall  ha\e  power  to  donate  or  authorize  use  of  land  be- 
longing to  the  citv   foi"  librarx'   pm'i)oses. 


Akk.wsas — 1 
ARKANSAS 

STATE  LIBRARY 
Digest  of  Statutes  of  Arkansas,  1904 
Sectiox  2)2)77.       State  librarian: 

Secretary  of  state  shall  be  librarian  of  the  state  library  and  have 
custody  of  and  direction  of  all  books  and  all  property  belonging 
to  the  same. 

Section  3378.     Provides  for  the  binding-  of  documents. 
Sectiox  3379.     I'rovides  for  the  arrangement  of  the  library. 

Sectiox  3380  and  3381.     Provides  for  procuring  books,  maps,  etc., 

by  gift  or  purchase. 
Sectiox  3382.     Provides  for  expenses  of  procuring  acts,  journals,  etc. 

Sectiox  Zii'^Z.     Provides  for  auditing  of  accounts. 

Sectiox  3384.     Specifies  certain  officials  who  niav  draw  books. 

Sectiox  3385.     Ref(uires  receipt  for  books. 

Sectiox  2)2)^('i.     Provides  ])enalties  for  injury  of,  or  failure  to  return 
books. 

.\RKAXSAS  HISTORY  COMAIISSIOX 
Sri'i'i.i;.\iEXT  TO  St.vtctes  ok  AiuvAxsas.  P'll 
Si-;(Ti()X  3881   i.     Object  and  purposes: 

There  is  hereby  created  the  Arkansas  History  Commission.  Head- 
(|uarters  shall  be  at  the  state  capitol.  The  object  and  purpose  are 
the  care  and  custody  of  archives,  collection  of  materials  and  his- 
torical sources,  of  the  history  of  the  state. 

Sec  rio.x  3881  k.      Commission  com])osed  of  whom: 

The  commission  shall  consist  of  the  chief  justice,  presidents  of  the 
university  of  Arkansas  and  the  state  normal,  and  six  others  a])- 
pointed  bv  the  governor  and  confirmed  by  the  senate.  The  members 
first  appointed  shall  serve  respectively  two.  four,  six,  eight,  ten  and 
twelve  years,  subsecfuent  appointees  for  twelve  years  except  those  ap- 
pointed to  fill  vacancies.  Commissioners  shall  hold  at  least  one 
regular  meeting  annualb',  and  such  s])ecial  meetings  as  may  be 
necessarv.  Five  members  shall  constitute  a  quorum.  Commis- 
sioners shall  receive  no  compensation,  but  necessary  expenses  shall 
be  allowed.  Commissioners  shall  adopt  rules  and  elect  a  secre- 
tary. 

Sicctiox  3881  1.      Duties  of  cominis^ioners: 

It  shall  lie  the  dutv  of  the  commissioners  to  care  for  the  state 
archives,  (he  pictures  in  the  state  house;  to  collect  jiortraits.  relics, 

9 


Arkansas — 2 

etc.:  to  iirc-piirc  a  rosier  of  Arkansas  troops,  i)reserve  all  manu- 
scripts, diaries,  etc.:  to  have  control  of  mounds  and  relics:  to  co- 
oi)eraic  with  the  Arkau'^as  Historical  Association;  to  Intild  uj)  at 
the  state  capitol  a  museum,  art  gallery,  and  lihrary  rich  in  the 
sources  of  Arkansas  history;  to  report  to  the  governor  hiennially. 
.^aid  commission  shall  act  as  trustee  for  the  state. 

SiccTiox  .>8S1   m.      rro\ides  salarv  for  secretary  of  commission. 

Skctio.x  38<S1  n.      .\nthorizes  jiulilic  otlicials  to  turn  over  liooks.  rec- 
ords, etc.,  to  commission. 

.Skctio.x  0(SS1    o.      C"ommission   ^Iiall  ha\e  sixty  copies  of  state  jjuh- 
lications  for  exchange. 

PUBLIC  LIBRARIES 
St-Vtutes  of  .\t?kax's.\s,  1904 

Skctiox  ,^.^43.  l-Atahlishment-  Le\-v.  (As  amended.  Acts  of 
Arkansas  l')n.  Act  160). 
Cities  of  the  llrst  and  second  classes  are  herehy  authorized  and 
em]X)\vere(l  to  estahlish  and  maintain  i)ul)lic  lil)raries;  and  for 
the  purpose  of  establishing  and  maintaining  pul)lic  libraries,  cities 
of  the  first  and  second  classes  are  hereby  authorized  to  levy  and 
collect  a  tax  of  one-half  of  one  mill  on  all  real  and  i^ersonal  ]M-op- 
erty  situated  in  the  same,  i^rovided  said  tax  with  the  other  taxes 
assessed  hv  said  cities  shall  not  exceed  fi\-e  mills. 

Skctiox  .^.^44.      Regulations.     Contracts  with  donors: 

Said  cities  b\-  ordinance  are  hereby  empowered  to  make  such  regu- 
lations as  thev  mav  see  nrojier  in  the  establishing  and  maintaining 
of  said  libraries,  and  to  make  contracts  w-ith  parties  who  may 
1)c  desirous  of  making  donations  to  assist  in  estal)lishing  and  main- 
taining said  libraries;  and  said  contracts  slmll  l)e  in\iolable.  (.Act 
of  April  13.  1903. 

Xote;     Classification  of  cities: 

Sections  5421  to  5430  inclusive  define  cities  of  the  first  class  as  those 
having  a  population  of  5,000  or  more,  cities  of  the  second  class  as 
those  haxing  a  pojuilation  of  2,500  or  more  but  less  than  5,000. 


10 


Cai.ikokxia — 1 
CALll-UKMA 

STATE  LIBRARY 

Codes  of  California  to  1905  by  J.  N.  Kerr,  Vol.  1,  Political  Code 

Section  2292.     Board  of  trustees: 

The  state  liljrary  is  under  the  control  of  a  l)oard  of  trustees  of  five 
niemhers  holchu"-  otifice  for  four  years'  a])])ointed  l)y  the  governor. 

Section  2293.      Powers  of  trustees: 

The  powers  and  duties  of  the  board  are  as  follows: 

1.  To  make  rules  and  regulations  not  inconsistent  with  law.  for 
its  g-overnnienl  and  for  the  government  of  the  library. 

2.  To  appoint  a  lil)rarian  who  may  appoint  an  assistant  state 
librarian.     Said  assistant  shall  be  a  civil  executive  officer. 

3.  To  authorize  librarian  to  ap])oint  such  other  assistants  as  may 
be   necessary. 

4.  To  sell  or  exchange  du])licale  copies  of  books. 

5.  To  keep  in  order  and  repair  the  i>ro]ierty  of  the  Hbrary. 

(->.  To  draw  from  the  state  treasurv  all  monies  belonging  to  the 
1  library  fund. 

7.  To  prescribe  rules  and  regulations  for  the  use  of  the  library. 

8.  To  collect  and  preserve  statistics  pertaining  to  libraries. 

9.  To  re])ort  to  the  governor  biennially. 

10.     To  establish  at  their  discretion,  deposit   stations   in  various 
parts  of  the  state.     (Amended  statutes  1913,  act  1149). 

Sectiox  22*'4.     Term  of  librarian: 

Librarian   holds  his  office  for    four  years  unless  sooner  removed 
b\-  un;mimous  vote  of  all  trustees. 

Sectio.v  22''.^.      Dmies  of  libi-arinn: 

1.  It  i^  ihc-  dut\-  of  tlK'  librarian  to  be  in  attendance  during  office 
hours. 

2.  To  act  as  secretarv  of  the  board. 

3.  To  i)m"chase  books  and  other  pro])crly. 

4.  To  number  and  slanij)  all  books,  majjs,  etc.,  and  keep  a  catalog 
thereof. 

5.  To  have  bound  all  books  and  papers  that  require  binding. 

C).  To  kce])  a  register  of  all  books  added  to  the  library,  and  of 
the  cost  thereof. 

7.  To  keep  a  register  of  all  books  taken  from  the  library. 

8.  To  index  statutes  of  each  session  of  the  legislature  and  furnish 
marginal  notes  and  index  the  journals  and  resolutions  of  the 
senate  and  assemblv. 

11 


Cai.ifokxia — 2 

9.     To  revise  and  bring-  to  date  and  index  the  laws  of  California. 

10.     To  tile  such  volumes  and  publications  of  laws  and  all  other 

matter  as  may  be  rec|uired  b}-  any  state  otttcer  or  department, 

in  the  exercise  of  his  or  its  official  duties  under  conditions 

prescribed. 

SKrriox  2295  a.      Distribution  of  documents: 

Makes  it  the  duty  of  the  state  superintendent  of  printing-  to  furnish 
state  publications  to  the  state  library  for  distribution  and  prescribes 
the  number  and  method. 

Sec'tiox  2296.     Use  of  library: 

Books  may  be  taken  from  the  lil)rary  l)y  members  of  the  legislature 
and  state  officers. 

Sectiox  2297.     Same: 

Books  taken  by  members  of  the  legislature  must  be  returned  at  the 
close  of  the  session. 

.^KCTiox  2298.      I'enaltv  for  non-return: 

Provides  penalty  for  non-return  of  books  by  members  of  the  legis- 
lature. 

Section  2299.     Penalty  for  injury: 

Provides  penaltv  for  injurv  or  failure  to  return  books. 

Section  2300.     Funds: 

Monies  appropriated  for  state  library  shall  constitute  state  library 
fund.       (Amended  statutes  1913.  page  1 151 ). 

Sfxtion  2301.     Library  hours. 
Prescribes  hours  of  opening. 

Section  2302.     Salary  of  librarian. 

Section  2304.     Bond: 

Librarian  must  execute  official  bond  in  the  sum  of  three  thousand 
r$3,000)  dollars. 

COUNTY  LIBRARIES 

Gener.\l  Laws.  1913,  Page  616.  AtT  1622 

Se<  Tiox  1.     Supervisors  may  establish: 

Boards  of  supervisors  shall  have  power  to  establish  and  maintain 
within  their  res])ective  couuties  free  libraries  as  prescribed  in  this 
act. 

Sectiox  2.     Limits.     Publication  of  notice: 

The  supervisors  may  establish  at  the  countv  scat  a  free  library  for 
that  part  of  the  countv  Iving  outside  of  cities  and  towns  or  lilir.ary 

12 


Ca1.IF()K.\1.\--3 

districts  maintaining  libraries,  and  for  such  additional  parts  of 
such  county  as  may  elect  to  become  a  part  of  sucli  county  free 
library  system.  Notice  of  such  contemplated  action  shall  be  pub- 
lislied  in  a  ne\vs])aper  for  two  successive  weeks  prior. 

Section  3.     Conditions  of  participation: 

After  the  establishment  of  the  county  free  lil)rary,  the  trustees, 
council  or  other  legislative  bodv  of  any  city  or  town  maintaining 
a  free  library  or  the  trustees  of  any  library  district  maintaining  a 
library  ma\-  notify  the  supervisors  that  such  city,  town  or  library 
district  desires  to  become  a  part  of  the  countv  library  system  and 
thereafter  such  citv.  town  or  lilirarv  district  shall  be 
a  part  tliereof  and  the  property  within  such  city,  town 
or  library  district  shall  be  liable  to  tax  levy  for  county  free 
lil)rarv  purposes.  Ry  similar  notice  such  trustees,  council  or  legis- 
lative body  of  such  citv,  town  or  librarv  district  mav  notifv  the 
county  commissioners  and  in  like  manner  cease  to  be  a  pa.rt  of  the 
county  library  system,  or  to  be  liable  for  taxes.  Notice  of  such 
participation  or  withdrawal  shall  be  published  at  least  two  weeks 
in  advance  in  a  newspaper  properlv  designated. 

Skctiox  4.  ("ities  mav  cuntracl  with  cminlv  lilM"aries  for  ser\-ice: 
The  countv  supervisors  shall  liave  full  authority  to  contract  with 
any  incurixiratcd  citv  or  town  maintaining  a  li]irar\'  and  such  in- 
corporated city  or  town  shall  through  its  trustees  have  power  to 
contrnc  with  the  count\-  sn])ervis^)rs  for  the  use  of  the  countv  li- 
brary ])y  the  rcsiflents  of  the  citv  or  the  town  for  ;i  consideration  to 
be  agreed  upon. 

Section  5.  One  countv  mav  furnish  librarv  service  to  another: 
The  county  .supervi.sors  of  anv  county  having  a  free  librarv  shall 
have  full  authority  to  contract  with  the  county  supervisors  of  any 
other  cduntv  to  gi\'e  to  the  residents  of  such  other  countv.  such 
privileges  of  .such  county  free  library  upon  such  consideration  as 
may  be  agreed  upon.  The  same  to  be  |)aid  into  tlie  countv  free 
library  fund  and  the  lioard  of  supervisors  of  such  count\-  shall 
liaxe  lull  antliorit\-  to  contract  wi'h  the  sui)ervisors  of  anolln'r 
count \-  wherein  a  l'i"ee  ]i])rar\-  has  been  established  and  shall 
have  ])o\ver  to  ]v\v  a  Ii])rar\-  tax  for  tlie  i)uri)ose  of  carrying 
out  ^ucli  Contract.  The  making  of  such  contract  shall  not  de- 
bar tlir  board  ol  superN'isors  of  such  count\-  from  establishing 
a  fret-  librarv  if  none  bf  already  establishcfl  therein,  and  ujion  such 
establishment  such  contract  mav  tcrnn'nate  upon  such  terms  as  mav 
lie  agreed  upon  by  the  parties,  or  may  be  continued  for  the  term 
thereof. 

15 


CM.IFORXrA 1- 

Section   6.     Board  of  lihrary  examiners: 

A  board  oi  library  examiners  is  hereby  created,  consisting  of  the 
state  Hbrarian,  who  shall  be  exofficio  chairmen,  the  librarian  of  the 
public  lilirary  of  San  Francisco  and  the  Hbrarian  of  the  Los  Angeles 
public  library.  Members  of  said  board  shall  receive  no  compensa- 
tion, except  their  actual  and  necessary  traveling  expenses,  to  be  paid 
nut  of  the  state  library  fund.  Said  board  shall  pass  upon  the  quali- 
fications of  persons  desiring  to  be  county  librarians,  may  adopt 
rules  not  inconsistent  with  law,  for  its  own  government  and  for 
carrying'  out  the  i)uri)ose  of  this  act.  Persons  of  either  sex  shall 
be  eligible  to  certification  for  the  office  of  countv  librarian. 

Sectiox  7.     Appointment  of  county  librarian: 

Upon  the  establishment  of  the  county  free  lil)rary  board  of  stiper- 
visors  shall  a])i)oint  ;i  countv  librarian  \\ho  shall  hold  office  for  four 
years,  subject  to  removal  for  cause  after  hearing  by  said  board. 
Xo  ]:)erson  shall  be  elii^ible  as  countv  librarian  unless  he  has  re- 
ceived from  the  board  of  library  examiners  a  certificate  of  qualifi- 
cation. At  the  time  of  his  appointment  the  county  librarian  need 
not  be  a  resident  of  the  countv,  nor  a  citizen  of  the  state  of  Cali- 
fornia. 

Sectfon  8.     Government  of  county  library  employees: 

The  county  library  shall  be  under  the  supervision  of  the  county 
supervisors  who  shall  have  power  to  make  rules  and  regulations, 
to  establish  upon  the  recommendation  of  the  county  librarian, 
branches  and  stations,  to  ajiixnnt  and  dismiss  employees  upon  the 
recommendation  of  the  countv  lil>r.nrian.  Employees  shall  not  be 
removed  except  for  cause,  unless  their  services  are  no  longer  re- 
quired, in  which  event  they  shall  have  the  first  right  to  be  restored 
to  such  employment  if  such  services  are  again  re(|uired  and  thev 
may  be  emploved  for  a  definite  time  only.  All  employees  whose 
duties  require  special  training  shall  be  graded  in  grades  estab- 
lished by  the  county  librarian  with  the  approval  of  the  state  librarian. 
Before  appointment  candidate  must  pass  an  examination  satisfactory 
to  the  county  librarian  and  show  satisfactory  exjierience  in  library 
work,  ^^'ork  in  approved  librru^v  schools,  or  certificates  of  the 
board  of  library  examiners  niav  be  accei>ted  in  lieu  of  such  examina- 
tion. The  county  librarian  mav  also  accept  a]iprcntices  without 
comjiensation  and  dismiss  snmc. 

Section  9.     County  librarian.      Bond.      Duties.      Salary. 

The  county  librarian  shall  file  with  the  county  clerk  the  oath  of 
office  and  a  bond  with  api^roved  securities.  The  county  libi-arian 
shall  under  the  general  rules  adopted  bv  the  supervisors,  build  Uji 
and  manage  the  librarv.  and  shall  deternn'nc  what  books  and  library 

14 


r.\l.l|-()RN[A 5 

equipment  shall  he  purchased.  The  salary  of  the  count v  lihrarian 
shall  vary  from  two  thousand  four  hundred  ($2,400)  dollars  to 
fi\e  hundred  ($500)  dollars  per  annum  accordino-  to  the  size  of  the 
county.  The  county  lihrarian  and  his  assistant  shall  he  allowed 
actual  and  necessary  traveling-  exi)enses  incurred  on  the  husiness 
(if  the  office. 

SKtTiON  10.     Su])ervision  of  C(~»unty  lihraries: 

The  county  lihraries  shall  he  under  the  general  supervision  of  the 
state  lihrarian  who  shall  \isit  them  either  personally  or  hy  one 
<»f  his  assistants  from  time  to  time.  Me  shall  call  annuallv  a  con- 
vention of  county  lihrarians  for  the  discussion  of  questions  relating 
to  countv  lihraries.  The  actual  and  necessary  expenses  of  the  state 
lihrarian  and  countv  lihrarian  shall  he  paid. 

Sect  I  ox  11.     Report: 

The  countx'  lihrarian  shall  report  annuallv  to  the  state  lihrarian. 

Section  12.     Tax  levy.     Bonds,  etc. 

The  county  supervisors  shall  levy  annually  for  the  support  of  the 
lihrary  upon  the  ])ortion  of  the  county  participating,  a  tax  not  to 
exceed  one  mill  on  the  dollar. 

County  honds  may  he  issued  in  the  manner  prescrihed  in  section 
40<S8  of  the  Political  Code  for  the  erection  and  equipment  of  a 
county  free  lihrary  and  the  purchase  of  land  therefor.  The  super- 
visors are  authorized  to  receive  on  l)ehalf  of  the  county  any  gift 
or  hef|uest  to  the  countv  free  lihrar\-. 

The  title  of  all  ])roperty  helonging  to  the  countv  free  lihrary  shall 
he  vested  in  the  county.  All  funds  derived  from  taxation  or  other- 
wise, shall  he  in  the  custody  of  the  countv  treasurer,  and  shall  con- 
•^titute  a  separate  free  lihrary  fund. 

Section  13.     County  law  lihrary: 

Provides  for  cooperation  hetween  the  county  law  lihrarv-  and  the 
County    free  lihrary. 

Section  14.     School  lihraries: 

The  county  su])ervisors  shall  have  power  to  accept  for  the  countv 
free  lihrary.  hooks  and  other  property  of  school  lihraries  and  teach- 
ers lihraries  as  proyide<l  hv  sections  1565,  1715  and  1716  of  the 
Political  Code  and  to  maintain  the  same  as  a  part  of  the  countv 
free  lihrarv. 

Section  15.      Disestahlishment : 

After  a  county  free  lihrary  has  heen  estahlished,  it  may  he  dis- 
estahlished  in  the  .same  manner  as  it  was  estahlished. 


Cai.1  kokxia — (3 

SiicTioN  16.  Contract  witli  ])iil)lic  library  instead  (if  cstahlisliinii, 
separate  county  free  library: 
Tlie  1)oard  of  supervisors  may  contract  witli  the  trustees  or  other 
authority  in  charge  of  a  free  public  library  in  anv  incor])oratefl 
city  or  town  and  the  board  of  library  trustees  or  other  autliority 
in  chart^e  of  such  free  library  is  authorized  to  make  sucli  a  contract. 
Sucli  contract  mav  provide  that  the  pulilic  lilirarv  in  such  incor- 
porated city  or  town  assume  the  functions  of  a  county  free  library 
within  the  county  in  which  sucli  contract  is  made.  The  board  of 
supervisors  may  a,^"ree  to  pay  annually  into  the  lil)rarv  fund  of  such 
incor])orated  city  or  town  such  sum  as  mav  be  ag'reed  u])on.  lulher 
])arly  to  such  contract  mav  terminate  same  bv  ,t;i\inn'  six  months' 
notice. 

Sectiox   17.     Former  act  repealed,  but  library  continued: 

This  section  repeals  the  act  of  April  12,  1909,  but  provides  that  all 
libraries  already  established  under  that  act  shall  continue  in  ojiera- 
tion  and  anv  contracts  entered  into  under  it  shall  continue  in  force. 

EXEMPTION— T^KNAI.TIKS 
Genkraf.  Laws  of  California.  1913,  HeXiXixc,  S:  Dfrrixg,  Cox- 

STITUTION,   ArTTCT.E    13 

Section    1.     Exemption   from   taxation: 

Provides  that  property  used  as  free  public  lil)raries  shall  be  exemiit 
from  taxation  f  Amendment  of  1910). 

Pexal  Code 

Sectiox  623.     Punishment  for  injury  to  library  property: 

Provides  that  every  person  who  injures  property  of  any  ])ublic  li- 
brary is  s^uiltv  of  misdemeanor.      ("Statutes  of  1901,  ])a,c^e  99). 

Sectiox  623  1-2.     Punishment  for  detaining:  library  property: 

Whoever  wilfully  detains  anv  book  or  other  ])roi)ertv  belong^ini:^ 
to  any  jniblic  or  incorporated  library  or  reading'  room  for  thirty 
days  after  notice  in  writing-  to  return  the  same  yiven  after  expira- 
tion of  the  time  which  such  article  by  the  rules  of  snch  institution 
may  be  kept,  is  ijuilt\-  of  nn'sdenicanor  and  shall  be  i)unishcd  ac- 
cordingly. 

PIT.LIC  LIP.RARIES 
Statctks  of  18S7,  Pack  26.  Citapti;r  32 
Sectiox   1.      difls  and  be(|uests : 

.^ny  pcrsfin  intending;  to  found  and  maintain  a  public  library  or 
oilier  instilulion  for  the  diffusion  of  knowled^'c,  mav  for  such  pur- 

16 


Calikokxia — 7 

pose  convey  in  writing  to  one  or  more  trusts  named,  and  to  their 
successors,  any  library  or  other  ])r<)])erty,  and  such  gift  shall  be 
considered  tu  lie  a  convexance  ni  future  additinus  thereto.  1  le  nia\ 
also  in  like  manner  and  for  such  purpose  convey  to  such  trust  or 
trusts  any  real  or  other  property  for  the  purpose  of  providing  an 
income  for  the  maintenance  of  such  institution. 

Skcttox  2.     Additional  contributions: 

Any  contributions  or  gifts  from  anv  other  jjerson  than  the  founder 
shall  immediately  vest  in  the  trusts  and  become  incorporated  in 
and  subject  to  the  trust  and  to  all  its  condition. 

Skctio.v  3.     Conditions  of  gift: 

The  i)erson  making  such  gift  is  founder  and  mav  therein  designate: 

1.  The  name  bv  which  the  institution  shall  be  known. 

2.  Its  nature,  object  and  purpose. 

3.  Powers,  and  duties  of  trustees  which  shall  not  be  exclusive  of 
other  powers  and  duties  that  in  their  judgment  may  be  neces- 
sary more  etTectually  to  carrv  out  the  purjiose  of  such  institu- 
tion. 

4.  The  manner  bv  which  the  successors  to  the  trustees  named 
shall  be  appointed. 

.^.  Such  rules  and  regulations  for  the  management  of  the  institu- 
tion as  the  grantor  may  elect  to  prescribe,  but  such  rules  shall, 
unless  the  grant  shall  otherwise  prescribe  be  deemed  advisory 
onlv  and  shall  not  preclude  the  tntstees  or  their  successors 
from  making  changes  as  new  conditions  mav  require. 

6.  The  place  or  places  wdiere  the  necessary  building  shall  be 
erected  and  the  general  character  thereof  and  of  other  things 
necessary  and  proper  to  carrv  out  the  purpose  of  grant. 

Skctiox  4.     Trustees: 

The  trustees  mav  in  the  name  of  such  institution,  sue  and  defend 
in  relation  to  trust  ])ro])ertv  and  to  all  ni;itlers  affecting  the  insti- 
tution. 

Skctiox  ."i.      Conditions  of  trust  : 

r.\-  proN'isions  of  stich  gift  or  grant,  the  founder  nia\-  elect  to  re- 
serve to  himself  the  right  of  anntilment  or  modification  to  anv  act 
of  such  trustees  in  case  he  shall  within  thirtv  da\s  after  notice  ol 
such  act  i^resent  a  notice  in  writing  of  such  annulnu-nl  or  modifica- 
tion, ;nid  upon  a  like  notice  he  nia\-  elect  to  jierforni  dnrin^'  his  lile  all 
the  powers  which  arc  vested  in  the  trustees  and  their  successors: 
provided,  that  ui^on  the  death  or  disabih'tv  to  act.  of  the  founder, 
such   nowers  and  duties  shall  be  de\-ol\ed   u])on  and  exercised  by 

17 


California — 8 

tilt'  trustees.  The  donor  niav  also  reserve  the  right  to  alter,  amend 
or  modify,  at  any  time  during'  his  life,  or  hy  his  last  will,  the  terms 
and  conditions  of  the  qift. 

Si-X"i'i(jx  6.     Selection  and  duty  of  trustees: 

The  founder  shall  haye  power  to  describe  the  character  and  per- 
sonality of  the  immediate  or  future  trustees,  the  librarian  or  other 
officers  and  to  name  the  duties  to  be  performed  by  the  trustees  or 
other  officers  and  to  declare  a  limit  in  compensation. 

Skitiox  7.     Execution  and  record: 

Stich  gift  or  grant  may  be  executed  and  recorded  in  the  manner 
now  or  hereinafter  provided  by  law  for  the  execution  and  record- 
ing of  grants  of  real  property. 

Section  8.     Limitation: 

Xo  suit,  action  or  proceeding  shall  be  commenced  to  set  aside,  annul 
or  affect  such  gift  unless  the  same  be  commenced  within  two  years 
after  the  date  of  the  filing  of  such  grant  for  record. 

Skctiox  9.     Bequests  to  the  state  possible: 

Any  person,  being  the  founder,  making  gift  or  grant  for  the  pur- 
pose mentioned  in  this  act,  may  at  any  time  thereafter  by  such  will 
or  testament  bequeath  to  the  state  of  California,  all  or  any  of  the 
properly  mentioned  in  such  gift  or  in  any  sttpiilement  thereto,  and 
such  be(|uest  will  take  effect  in  case  the  gift  shall  be  annulled  or 
set  aside,  or  the  trtist  therein,  for  any  reason,  fail.  Such  be(|uest 
is  hereby  suffered  to  be  made  by  way  of  assurrmce  that  the  inten- 
tions of  the  grantor  --hall  be  carried  out  and  in  faith  th:it  the 
state,  in  case  it  shall  succeed  to  the  property  or  any  part  thereof, 
will  to  the  extent  and  \aluc  of  such  property,  carry  out  all  the 
wishes  and  intentions  of  the  grantor. 

Skctiox  in.     Construction  of  act : 

The  proyisioiis  of  thi^  act  shall  be  liberallv  construed  with  a  \iew 
to  its  objects  and  ])ur])oses  and  the  singular  ntimber  in  the  con- 
struction thereof  shall  be  deemed  to  include  the  ]ilural  and  the 
plural  shall  be  deemed  tn  include  the  singtilar  by  law. 

Skctiox  11.      Docs  not  effect  jireyious  act: 

Xothing  in  this  act  shall  reneal.  modif\-  or  chany-e  ".\n  act  to  ad- 
vance learning,  etc."     (.Xpi^roxed  ]\rarch  9.  1885). 

Si'CTiox   12.      This  act  shall  take  effect  immediately. 

18 


Cai.h'okxia — 9 
MUNICIPAL  LIBRARIES 

Gexkkal  Laws.  1913,  Page  614 
Acl  1020: 

To  provide  tor  tlic  cstalilislnnent  and  maintenance  of  ])u1)lic  libraries 
in  municipalities.      (Passed   1901.  amended   1905.  amended   1909;. 

Skction  1.     Establishment: 

The  common  council,  board  of  trustees  or  other  legislative  body 
in  any  incorporated  city  or  town  may,  and  upon  request  of  one- 
fourth  of  the  electors  of  such  corporation  in  the  manner  hereinafter 
])rovided.  must  b\'  ordinance  establish  a  i)ublic  librar\-;  pnixided 
there  be  none  already  established  therein. 

Section  2.     Petitions : 

The  request  referred  to  in  the  preceding  section  may  be  of  one 
or  of  several  petitions:  provided,  that  such  several  petitions  l)e 
substantially  in  the  same  form  and  such  singular  petition  has  or 
such  several  ])etitions  in  the  aggregate  have  the  signatures  of  the 
requisite  number  of  electors. 

Sjcctiox  ,x     Management: 

Such  i)ublic  librarv  shall  be  managed  by  a  board  consisting  of  five 
members,  to  be  appointed  1)y  the  mayor  or  other  executive  head 
of  the  municipalitv.  with  the  consent  of  the  legislative  liody  of 
the  municii)ality :  shall  serve  without  compensation  and  hold  office 
for  three  vears :  provided,  that  the  members  of  the  lirst  boarti  sh.-ill 
classifv  themselves  by  lot  so  that  the  term  of  one  expires  at  the 
end  of  the  cttrrent  year,  two  one  year  thereafter  and  two  two  years 
thereafter.  Men  and  women  shall  be  equally  eligible  for  ajipoint- 
ment  and  vacancies  shall  be  filled  by  appointment  for  the  unexpired 
term. 

Sectio.x  4.      .Meetings  of  trustees: 

Trustees  shall  meet  at  least  once  a  month.  Si)eci;il  meetings  may 
be  called  at  any  time  l)y  three  trustees.  In-  written  notice  served 
upon  each  memljer  at  least  three  hours  l)efore  the  time  specified. 
Majority  of  the  board  shall  constitute  a  quorum.  P>oard  .shall  ap- 
point one  of  their  number  president  for  one  \ear.  Loard  shall 
cause  proper  record  of  the  i)roceeding"s  to  be  kept. 

Section  S.     Powers  of  trustees: 

Boards  of  librarv  trustees  shall  ha\-e  power: 

1.  To  make  and  enforce  all  necessarv  rules,  regulation'^  .and  by- 
laws. 

2.  To  administer  an\-  \yu<\  declared  or  created   for  sucli  libraries 
and   receive  bv  gift,   devise   or  bequest,   and   bold   in   trust    or 

l'> 


California — 10 

otherwise,  property  situated  in  tliis  state  or  elsewhere,  and 
where  not  otherwise  provided,  dispose  of  the  same  for  the 
benefit  of  such  libraries. 

3.  To  prescribe  the  duties  and  powers  of  the  liln-arian  and  secre- 
tary and  other  officers  and  employees;  to  aj^point  such  officers 
and  employees  and  fix  their  compensation.  Such  officers  and 
employees  shall  liold  their  positions  at  the  pleasure  of  said 
boards. 

4.  To  ])urcliase  necessary  books,  publications  and  other  j^ersonal 
pro])erty. 

5.  To  ])urchase  real  i)roperty,  erect,  rent  and  equip  buildinp,s  or 
rooms,  when  in  their  jud^-ment  suitable  provision  has  not  been 
made  for  such  lil)raries  l)v  the  leg'islative  bodv  in  the  muni- 
cipality. 

6.  To  require  state  officials  to  furnish  such  lilM-arics  with  all  state 
publications  not  otherwise  disposed  of  by  law. 

7.  To  borrow  books  from,  lend  books  to  and  exchange  with,  other 
libraries,  and  allow  non-residents  to  borrow  books  upon  such 
conditions  as  they  may  prescribe. 

8.  To  do  and  perform  aiiv  and  all  other  acts  and  things  necessary 
or  projier  to  carrv  out  the  provisions  of  this  act. 

Section  6.     Annual  report: 

LibrarA-  board  shall  annually  report  to  legislative  body  of  their 
municipalitv  and  forward  a  copy  of  the  report  to  the  state  library 
at  Sacramento. 

Section  7.     Annual  tax  levy: 

The  legislative  bod)'  of  any  municipality  in  which  a  public  library 
has  been  established  in  accordance  with  such  act,  shall,  if  the  main- 
tenance of  the  library  has  not  otherwise  been  provided  for,  levy  a 
tax  for  the  maintenance  of  the  librarv  and  purchasing  property 
necessary  therefor;  provided,  that  after  two  years  from  the  estab- 
li.shniml  (if  new  libraries,  in  a  municipalitA'  of  the  first,  second  or 
third  class,  such  tax  shall  not  exceed  two  mills  on  the  dollar:  in 
a  nuinicipalitA-  of  the  fourth,  fifth  or  sixth  class,  such  lew  .shall 
not  exceed  three  mills  on  the  dollar. 

Note:     Classification  of  municipalities: 
Generrd  Laws,  Page  1041  : 

All  cities  having  more  than  twenty-three  thousand  people  constitute 

the  first,  second  and  third  classes. 

All  cities  having  a  population  not  exceeding  twenty-three  thousand 

constitute  the  fourlli.  fifth  and  sixth  classes. 

20 


CAT.rroRxrA — 1 1 
Section  8.     Disposition  of  revenue: 

The  revenue  from  said  tax  togetlier  with  all  money  ac(|uire(l  hy 
gift,  bequest  or  otherwise,  shall  be  apportioned  to  a  library  ftmd 
to  1k>  applied  to  the  ])ur])ose  herein  authorized.  If  i)aynient  into 
the  treasury  should  he  inconsistent  with  the  condition  of  any  stich 
gift  or  bequest,  the  board  shall  provide  for  the  care  of  the  same 
and  its  application  to  tise  for  the  library  in  accordance  with  the 
conditions  of  the  gift  or  bequest.  Payment  from  such  fund  shall 
be  made  upon  warrants  duly  attdited  and  signed  by  the  president 
and  secretary  of  said  board;  the  treastu'er  of  the  numicipalilv  shall 
pay  stich  warrants  without  any  further  authority. 

Section  9.     Library  to  be  free : 

Every  library  established  under  this  act  shall  be  forever  free  to 
the  inhabitants  and  t:(ni-resideiU  taxpayers  of  the  municipalitv, 
sul)iect  to  the  rules  and  regulations  of  the  library  trustees. 

Section   10.     Lending  of  books: 

Library  trustees  may  contract  for  lending  books  of  such  libraries 
to  residents  of  the  county  in  which  the  libraries  are  situated,  or 
neighboring  municipalities,  upon  a  reasonable  compensation. 

Section  11.     Title  to  property: 

Title  to  all  property  acquired  for  such  libraries  when  not  inconsist- 
ent with  the  terms  of  its  acquisition  or  otherwise  designated,  shall 
vest    in  the   municipalities    in    which    such   libraries    are    situated. 

Section   12.     Act  of  1880  repealed: 

An  act  to  establish  free  public  libraries,  etc..  api)roved  April  26, 
1880  is  hereby  repealed;  provided,  that  as  to  existing  libraries  this 
act  is  deemed  an  addition  thereto  and  .such  libraries  shall  be  t;"ov- 
erned  thereby,  provided,  further  that  this  act  shall  not  apply  to  any 
library  established  by  the  provisions  of  a  city  charter,  and  .'iny  city 
charter  shall  not  be  affected  by  this  act. 

Section   13.     Disestablishment: 

Any  ordinance  establishing  a  librarv  under  the  provisions  of  sec- 
tion 1  of  this  act  must  be  rejiealed  bv  the  body  which  adopted  it 
upon  the  request  of  fifty-one  per  cent  of  the  electors. 

LIBRARIES  IN  I'XTXCORPORATED  TOWNS  AND 

VILLAGES 
Gener.\l  Laws,  1913,  Page  621,  Act  1623 
(Passed  1909;  aiuended  19in. 
Section    1.     Establishment: 

Any  unincorporated  town  or  village  may  establish,  equip  and  main- 


Cai.iforxia — 12 

tain  a  public  lilM-ary  for  the  dissemination  of  knowk-doe  in  accord- 
ance with  the  provisions  of  this  act. 

Section  2.     Planner  of  establishment: 

Upon  the  petition  of  fifty  or  more  taxpayers  and  residents  of  said 
town  or  \-illaoe  to  the  board  of  county  supervisors,  jtraying  for  the 
establishment  of  a  library  district  and  setting-  forth  its  proposed 
boundaries,  said  board  of  super\-isors  must  within  ten  days  order 
an  election  to  be  held  in  the  proposed  district  to  determine  the 
f|uestion  and  shall  a])])oinl   ihrce  electors  to  conduct   said  election. 

Sectiox    3.     Election   called: 

Said  election  shall  be  called  by  posting  a  notice  and  pul^lication  for 
not  less  than  fifteen  days;  notice  specifying  time,  place  and  pur]iose 
of  said  election  and  hours  during  whicli  [jolls  will  be  open. 

Section  4.     Conduct  of  election: 

Said  election  shall  be  conducted  in  accordance  with  general  election 
laws. 

Section  .^.     Qualifications  of  electors: 

Every  elector,  resident  within  the  proposed  district  (|ualified  to 
vote  at  a  general  election  shall  be  entitled  to  vote  at  the  said  election. 

Section  6.     Returns: 

The  election  officers  shall  report  the  result  of  said  election  to  the 
super^■^sors  within  five  days  thereafter. 

Section  7.     Appointment  of  trustees: 

If  the  majority  of  the  votes  at  said  election  are  favorable,  said 
supervisors  must  establish  said  library  district  and  appoint  three 
electors  and  residents  as  a  board  of  library  trustees.  Such  trustees 
.shall  hold  oflfice  for  three  vears  from  the  first  dav  of  Julv  next 
.succeeding  and  scr\-e  without  compensation ;  provided,  that  of  the 
first  board  ai)pointed,  one  shall  go  out  of  office  on  the  thirtieth  day 
of  June  next  and  one  at  the  end  of  one  year  thereafter,  and  tlie 
other  -it  the  end  of  two  years  thereafter. 

Section  8.     Proceedings  if  ]M-oposition  be  defeated: 

If  the  majority  of  votes  be  against  a  library  district,  the  super- 
visors shall  so  declare.  No  other  proceedings  in  relation  thereto, 
shall  be  taken  until  the  expiration  of  one  year  from  the  date  of 
the  presentation  of  the  petition. 

Section  9.     A'alidity  of  the  district : 

The  presentation  of  the  petition,  the  order  of  establishing  the  dis- 
trict and  the  appointment  of  the  trustees  shall  lie  entered  in  tlic 


Califorxia — 13 

niituites  of  the  supervisors  and  sliall  l)e  conclusive  e\  idence  <Tf  llie 
existence  and  validity  of  the  district. 

SiicTiox  10.       Meetinos  of  trustees: 

Trustees  shall  meet  at  least  once  a  month.  Special  meetings  may 
he  called  at  an}-  time  I)\-  two  trustees.  Two  members  shall  con- 
stitute a  (|uorum.  Board  shall  organize  by  electing-  one  of  its 
number  president,  and  another  secretary,  shall  cause  a  record 
of  proceedings  to  be  kept  and  must  immediately  file  with  the  state 
librarian  at  Sacramento  a  certificate  showing  that  such  library  has 
been  estalilislied  with  tlTC  date  and  names  of  trustees  and  officers  of 
the  board. 

Skctiox  11.      I^n\ers  and  dtities  of  trustees: 

l^aid  linard  of  librar\-  trustees  shall  be  atitliorized  and  shall  lie  em- 
])o\\ere(l.  .and  it  shall  be  their  dttty : 

1.  To  make  and  enforce  all  rules,  regulations  and  b\--laws  neces- 
sar\-  for  the  lil)rar\-. 

2.  To  administer  any  tru>t  declared  or  created  ior  such  libraries 
and  receive  by  gift,  devise  or  beqtiest  and  hold  in  trust  or 
()tberwise  property  situated  in  this  state  or  elsewhere  and 
where  not  otherwise  jirovided,  dispose  of  same  for  the  benefiL 
of  such  libraries. 

v3.  To  ]n-escribe  the  duties  and  powers,  to  appoint  and  to  fix 
the  compensation  of  the  librarian,  secretary  and  other  officers 
and  emi^loyees,  who  shall  hold  their  offices  and  positions  ai 
the  ])lcasrire  of  said  board. 

4.     To  ])urcbase  necessary  liooks  and  other  personal  ])ropertv. 

.■^.  To  ])urcbase  such  real  ])ro]yerl\-  and  erect,  rent  and  e(iuiii  a 
a  building  or  buildings  and  room  or  rooms  as  in  their  iudg- 
ment  nia_\-  lie  necessar\'  to  carrv  out  tlie  ]irovisions  of  this 
act. 

<').  To  re(|uire  slate  officials  to  furnish  state  ]iublications  not 
otherwise  disposed  of  bv  law. 

7.  To  borrow,  lend  and  excliange  books  with  other  liliraries  and 
to  allow  non-residents  in  borrow  books  upon  such  conditions 
as  they  mav  prescribe. 

t^.  To  do  and  jierlorm  ,anv  and  ;dl  otlu'r  acts  and  things  neces- 
sary or  iirojier  to  carry  out  the  provisions  of  this  act. 

9.     To  file  on  or  before  the  last  day  of  Jul\-  e.acli  \v:\y  a  I'cport  (o 

the  state  librarian  at  Sacramento. 
10.      To     designate   the   hours  during   which   the   librar\-   shall   be 
open   for  the  use  of  the  pulilic:  i)rovided.  bowe\-er,   that    .all 
ptililic  libraries   established   under   the   pro\isions  of   this   act 

23 


Ca  [.  I  FOR \  [  A 1 4 

shall  be  open  for  the  use  of  the  puMic  durint;'  every  day  in  tlie 
year. 

SiUTiox    12.     Estimates  of  expenses.     Bond.      Election: 

In  any  library  district  formed  under  this  act  which  is  now  main- 
taining or  intends  to  maintain  a  public  library,  it  shall  be  the  duty 
of  the  library  trustees  to  furnish  to  the  county  supervisors  on  or 
before  the  first  nf  Se])teniber  an  estimate  of  the  cost  of  leasing-  tem- 
porarv  quarters,  of  jmrchasing  a  l(it,  securing  plans  and  si:)ecifications 
and  erecting  suitable  building,  furnishing  and  ecjuipping  same, 
fencing  and  (irnamenting  grounds  for  the  accouimodation  of  the 
l)ublic  librarv  and  conducting  and  maintaining  the  same  for  the 
ensuing  \ear.  or  for  anv  or  all  said  i)ur])oses;  ])rovided,  that  the 
board  of  trustees  ma\'  upon  the  ])etition  of  fiftv  or  more  tax])avers 
call  an  election  and  submit  to  the  electors  whether  the  bonds  of  said 
librarv  district  shall  l)e  sold  for  anv  or  all  of  the  purposes  of  this  act. 

Section  13.     Special  tax  levy: 

When  such  estimate  shall  have  been  submitted  to  the  couiUy  super- 
vi.sors,  said  supervisors  nuist  at  the  time  of  levying  the  count}- 
tax.  levy  a  special  tax  upon  the  said  librarv  district  sufficient  for 
the  purposes  of  section  12  of  this  act. 

Section   14.     Library  funds: 

The  revenue  derived  from  said  tax  together  with  all  money  ac- 
quired by  gift,  be(|uest  or  otherwise  for  the  purpose  of  the  lilirary, 
shall  be  paid  into  the  count\-  treasur^-  to  the  credit  of  the  library 
fund  of  the  district,  subject  only  to  the  order  of  the  library  trustees. 
If  such  i)a\-ment  into  the  lreasur\-  should  be  inconsistent  v-ith  condi 
tions  of  anv  gifl  or  be(|uest.  llie  trusiees  sh;dl  i)rovide  for  the  safety 
of  the  same  and  its  ajjplication  to  the  use  of  the  librarv  in  accord- 
ance with  the  conditions  of  such  gift  or  bequest. 

Section  13,      Eibrarv  to  be  free: 

Everv  librarv  established  under  the  ])ro\isions  of  this  act  shall  be 
forever  free  to  the  inhabitants  and  non-resident  taxpayers  of  the 
library  district,  subject  to  the  rules  and  regulations  of  the  board  of 
trustees. 

Section  16.     Loan  of  books: 

Provides  for  the  loan  of  books  to  neighboring  municipalities,  library 
districts  or  the  inhabitants  of  the  countv  in  which  the  librar\-  is 
situated  ujion  the  pavment  of  a  reasonable  compensation. 

Skction  17.     Title  of  librarv  property: 

Title  to  all  jiropertv  of  such  libraries  when  not   inconsistent  with 

24 


CaT.IK()KX[A — 15 

the  terms  of  its  acquisition,  or  not  otlierwise  designated,  shall  vest 
in  the  district  in  which  such  Hhraries  are  situated. 

SiaTiox  18.      Election  of  trustees: 

Election  idr  lihrar\'  iruslees  must  l)e  held  in  each  library  district 
annually  for  the  election  of  one  trustee  who  shall  hold  ofiice  for  three 
years,  dating'  from  the  first  dav  of  July  next  succeeding  his  elec- 
tion. 

Sectiox   19.     Number  of  trustees: 

Number  of  library  trustees  in  any  liljrary  district  established  under 
this  act  shall  be  three. 

SiaTioxs  20  to  27  inclusive.     Provide  notice  of  and    conduct    for 
election  of  library  trustees. 

Section  28.     Election  for  bond  issue: 

Trustees  of  any  library  district  niav  ui)on  the  ])elilioii  of  fifty  or 
more  taxpayers  and  residents  call  an  election  ujjon  the  question  of 
issuing"  bonds  for  llic  purcliase  of  land  and  erection  of  a  building 
and  equipping  same,  and  fencing"  and  ornamenting  grounds  or  for 
any  or  all  of  these  purposes. 

Skctioxs  29  to  .^2  inclusive: 

Prox'ide  ])ro|)ei"  notice  of  and  form  for  holding  election  for  issuing 
of  bonds. 

Sectiox  T^T).     Canvass  of  election  and  amount  of  bonds: 

On  the  seyenth  day  after  said  election,  the  returns  haying  l)een 
made,  the  board  of  trustees  sliall  can\-ass  said  returns  and  if  it 
appears  that  two-thirds  of  the  votes  were  cast  in  favor  of  the  issue 
of  such  bonds,  the  board  shall  cause  an  entry  of  .such  fact  to  be 
made  upon  its  minutes  and  certify  to  the  county  supervisors  all 
the  i)i"oceedings,  thereupon  said  sui)eryisors  shall  be  authorized  and 
directed  to  issue  the  bonds  of  said  district  to  the  number-  and  amount 
provided  in  such  proceedings;  payable  out  of  the  building  fund  of 
said  district,  the  money  to  be  raised  by  taxation  in  said  district  for  the 
re(k'mi)tion  of  said  bunds  and  the  i);i\"menl  of  interval  tbeiTon;  pro- 
vided, that  the  total  amount  of  bonds  .so  issued  shall  not  exceed  fixe 
per  cent  of  the  taxable  property  of  said  district. 

Sectiox  ,34.      I'orm  of  l)onds: 

County  sui)er\i>ors  shall  pre'-cribf  form  of  bonds  .and  fix  time  at 
which  they  shall  be  ])a\ablc,  which  ^ball  be  not  more  than  forty 
years  from  the  date  thereof. 

Section"  35.     Interest: 

Said  bonds  shall  not  bear  a  greater  amount  of  interest  than  six  per 


Cai.ifokxia  — 16 

cent  to  be  payable  annually  or  semi-annually  and  must  be  sold  for  not 
less  than  par.  The  proceeds  of  tlie  sale  must  be  deposited  in  tlic 
county  treasury  to  the  credit  of  the  building-  fund  of  the  library 
district. 

Skitiox  36.     Tax  levy: 

The  board  ni'  su]icr\is()rs  shall  annuall\-  lev_\-  an  aniouni  suflicicnl 
to  pay  the  interest  upon  these  bonds  and  proyide  a  sinking  fund  for 
their  payment  at  matttrity. 

Section  Z7 .     Disposition  of  unsold  bonds: 

A\'hen  any  such  bonds  shall  remain  unsold  for  a  period  of  six  months, 
they  may  upon  petition  an<l  public  hearing  be  canceled  by  the  county 
commissioners. 

Section  38.     Dissolution  of  district: 

Such  library  district  may  be  dissolved  l)y  the  A'ote  of  two-thirds 
of  its  qualified  electors :  provided,  that  it  shall  if  it  has  any  indebted- 
ness, continue  in  existence  for  the  purpose  of  levying  taxes  for  the 
l)ayment  of  this  indebtedness  and  interest  until  the  indebtedness 
is  fully  discharged.  The  property  of  the  library  district  so  dis- 
solved shall  become  the  property  of  au}-  incorporated  town  or  city 
in  which  the  library  may  stand,  and  if  there  be  no  such  incorpor- 
ated town  or  city,  shall  be  vested  in  the  board  of  supervisors  of  the 
conntv  until  the  formation  of  such  town  or  city. 

Sectiox  30.     Repeals  all  conflicting  acts  or  parts  of  acts. 

Sectiox  40.     This  act  shall  take  effect  immediately, 

SCHOOT,  ITP.RARIES 

roi.lTIC.M.   Coi>F..    ]006,    \"oi,.    1 

Section   1617.     Trustees: 

The  powers  and  duties  of  trustees  of  school  districts  and  of  boards 
of  education  in  cities  are  as  follows : 

*  *  :):  ;|: 

11.  To  ajjpoint  district  librarians  and  enforce  the  rules  for  the 
government  of  district  libraries. 

12.  To  exclude  from  schools  and  school  lil)raries  all  books,  pub- 
lications and  ])apers  of  sectarian,  partisan  or  denominational 
character. 

:}:         ^         rf:         ;{: 

20.  Provides  that  in  case  of  its  destruction  by  fire  the  proceeds 
of  the  insurance  of  library  property  so  destroyed,  shall  be 
paid   into  the   librar\'    fund. 

26 


Cat.ifhrxia — 17 

Sectiox   1712.     Expenditure  of  funds: 

Provides  that  the  library  fund  together  with  monies  added  thereto 
by  donation  shall  be  spent  for  school  apparatus  and  books  for  a 
school  library  incltiding-  books  lor  su]ii)lenientary  work;  that  all 
purchases  must  be  approved  bv  the  cotmty  superintendent  nf  schools; 
that  all  books  must  be  proi)erly  labeled. 

Sectiox   1713.     Amount  of  school  fund: 

I'lxcept  in  cities  not  divided  in  scIkihI  districls,  the  librar}-  fund 
shall  consist  of  not  less  than  five  or  more  than  ten  jier  cent  of  the 
county  school  fund  annually  apportioned  to  the  district ;  provided, 
that  not  more  than  fifty  ($50)  dollars  shall  be  apportioned  to  any 
district  except  those  having  n\-e  or  more  teachers. 

Sf.ctiox    1714.      Funds   for  liliraries.      (As  amended   Statutes,   1*^15, 
Chapter  1 7?> )  : 

The  county  superintendent  of  ericli  countv  or  citv  and  county  not 
divided  into  school  districts  shall  avmuallv  apportion  lo  such  ciiy. 
or  citv  and  countv  such  sum  as  mav  be  requested  in  writing  by  the 
board  of  education  at  least  thirtv  davs  before  the  first  of  the  month 
in  which  the  supervisors  are  required  l)v  law  to  lew  taxes.  Tn  no 
case  shall  the  stim  apportioned  exceed  eighty  cents  for  each  pupil 
of  average  dailv  attendance  in  the  elementarv  schools:  Provided, 
that  in  each  citv  and  countv  comprising  a  single  district  the  amount 
apportioned  shall  l)e  not  less  than  forty  cents  for  each  pupil  of 
average  dailv  attendance  in  the  elementarv  schools.  Amounts  so 
aitportioncd  to  l)e  derlticted  from  countv  school  fund  and  credited 
ti)  librarv  fund:  jirovided  furtlier,  that  if  the  ])oarfl  of  edttcation 
of  an\-  citv  or  citv  and  countv,  shall  fail  to  file  such  request,  the 
county  or  c\{\  and  countv  superintendent  shall  apportion  to  the 
library  fmid  ol  ^ucli  cit\-  <ir  citv  and  countv,  such  amount  not 
in  conflict  with  the  provisions  of  this  act  as  he  mav  deem  advisable. 
All  money  so  apportioned  shall  be  ex])ended  onlv  in  accordance 
with  the  provisions  of  section  1712  of  this  code. 

SiccTiox    \7\S.      I'se    of    librai'v.      Countv     librarv.      (.\s     amended 
l')l.V): 

l.ibi-aries  mav  be  maiiUained  under  the  district  board  of  trustees 
or  city  board  of  education  and  shall  be  opened  to  teachers,  pupils 
and  all  residents  of  the  district  whenever  practicable;  shall  be 
kept  open  during  vacation  and  non-school  days. 
Tn  counties  having  a  count\-  librarv.  the  school  Irutees  or  board 
of  education  ma\'  ;;rrange  to  make  the  ^cliool  Ii]>rar\-  a  branch  of  the 
counl\-  librar\\  (Amt'iided  100*^).  In  nn\-  cit\-  maintaining  a 
l)ublic  librarv  the  board  of  education  of  such  citv  mav  enter  into 
a  similar  arrangement   with   the  governing  bodv  of   stich   librarv. 

27 


Cai-iforxia — 18 

Section  1716.     Appointment  of  librarian,  etc.: 

F'rovides  tor  the  a])i)<>intnien',  of  a  li1)rarian  1)\-  the  board  of  trus- 
tees.    (Amended  1909). 

Section  1717.     Responsibility  of  trustees: 

Makes  the  trustees  accountable  for  the  proper  care  of  the  liljrary 
property  and  requires  them  to  report  annually  to  the  county  super- 
intendent. 

UNION  HIGH  SCHOOL  DISTRICT  LIBRARIES 

General  Laws,  1913,  Page  1698.  Act  4517 

(Passed  1911) 

Section  1.     Estalilishment: 

Any  Union  High  School  District  may  establish,  equip  and  main- 
tain a  public  library. 

Section  2.     Petition : 

L'pon  the  petition  of  fifty  or  more  laxiiayers.  residents  in  any  L'nion 
High  School  District,  asking  for  the  establishment  of  a  library  dis- 
trict and  setting  forth  the  proposed  boundaries,  the  board  of  sup- 
cryisors  must  after  ten  days,  order  that  an  election  lie  held  and 
appoint  three  electors  to  conduct  said  election. 

Sections  3  to  6.     Conduct  of  election : 

Provide  for  the  condvict  of  the  election  and  the  report  of  the  result 
to  the  county  supervisors. 

Section  7.     Two-thirds  vote  for: 

If  two-thirds  of  the  votes  of  said  election  shall  be  in  favor  of  a 
Union  High  School  Library  District,  the  supervisors  shall  estalv 
lish  such  district  and  place  it  in  the  control  of  the  trustees  of  said 
Union  High  School  District.  Such  trustees  shall  severally  hold 
office  during  the  term  for  which  they  shall  ha\e  been  elected  as 
trustees  of  such  L'nion  High  School  District. 

Section  8.     One-third  vote  against: 

If  one-third  of  the  votes  cast  shall  be  against  the  library  district 
a  board  of  supervisors  shall  so  declare.  No  other  proceedings 
sliall  be  taken  until  the  expiration  of  one  year. 

Section  9.     Record: 

The  presentation  of  the  petition  and  the  order  of  establishing  the 
library  district  entered  in  the  minutes  of  the  board,  shall  be  con- 
clusive evidence  of  tlie  existence  and  validity  of  the  district. 

28 


Cali  fornia — 19 

Section  10.     Library  trustees,  meeting's,  etc.: 

The  board  of  library  trustees  shall  meet  at  least  once  a  month. 
Special  meetings  ma)-  be  called  l)y  two  trustees.  Three  members 
shall  constitute  a  quorum.  Board  shall  organize  l^y  electing  one 
of  its  number  president  and  another  secretary ;  shall  cause  proper 
record  of  proceedings  to  be  ke])t.  and  immediately  cause  to  be  made 
out  and  filed  with  the  state  librarian  at  Sacramento,  a  certificate 
showing  the  establishment  of  sucli  library,  the  date,  the  names  of 
trustees  and  the  officers. 

Section  11.     Powers  of  trustees: 

The  library  trustees  sliall  l)e  authorized  and  eni]i()\yercd  ;ind  it  sjiall 
be  their  duty : 

1.  To  make  and  enforce  all  rules,  regulations  and  by-laws  neces- 
sary for  the  library. 

2.  To  administer  any  trust  declared  or  created  for  such  libraries 
and  receive  by  gift,  de\nse  or  bequest  and  hold  in  trust  or 
otherwise,  property  situated  in  this  state  or  elsewhere,  and 
where  not  otherwise  proyided,  dispose  of  the  same  for  the 
benefit  of  sucli  libraries. 

3.  To  prrscril)e  the  duties,  ap])nint  and  fix  comijensation  of  li- 
l)r;irian,  secretar\-.  and  dther  officers  and  emi)lovces  who  shall 
hold  their  positions  at  the  ])leasure  of  the  board. 

4.  To  purchase  necessary  books  and  other  personal  property. 

5.  To  ])m'chase  real  pro])ert\-,  erect,  rent  and  e(|ui])  a  Imilding 
or  buildings,  room  or  rooms  as  may  be  neces.sary. 

6.  To  require  the  slate  officials  to  furnish  state  iiublications  not 
otherwise  disposed  of  by  law. 

7.  To  borrow  books  from,  lend  to  and  exchange  with  other  li- 
braries and  to  allow  non-residents  to  borrow  ni)on  conditions 
l^rescribed. 

8.  To  do  and  ])erform  ;uiv  and  all  acts  or  parts  of  acts  .and  things 
necessary  and  proper  to  carry  out  the  provisions  of  this  act. 

9.  To  file  a  re]wr1  each  year  with  the  stale  librari.an  at  Sacra- 
mento. 

10.     To  designate  the  library  hours:  provided,  that   all   public  li 
liraries  shall  be  o]ien  at  all  reasonable  times. 

Section  12  to  17.     Repeat  sections  12  to  17  of  Act  1623. 

SectioiN   18.     Bond  election: 

The  library  trustees  of  any  district  may.  when  they  deem  it  advis- 
able, and  must  upon  the  petition  of  fifty  or  more  taxpayers  and 
residents,  call  an  election  and  sul)mit  the  question  of  issuing  bonds 

29 


Cai.ikorxia — 20 

for  the  purchase  of  land,  erecting-  and  equipping-  a  liuilding  and 
improving-  the  grounds  for  the  accommodation  of  the  Union  High 
School  Library. 

Section  19.     Provides  form  of  election. 

Section  20.  Provides  that  the  board  shall  canvass  the  returns  on 
the  seventh  dav  after  the  election  and  if  two-thirds  of  the  votes  cast 
are  in  favor  of  issuing  bonds,  the  board  shall  enter  such  fact  upon 
the  minutes  and  certifv  it  to  the  supervisors  of  the  countv.  There- 
U])()n  said  super\-isors  shall  l)e  authorized  and  directed  to  issue 
bonds  of  said  district  to  the  number  and  amount  named  in  such 
])roceedings :  provided,  that  the  total  amoimt  shall  not  exceed  five 
per  cent  of  the  taxable  propertv  of  said  district. 

Section  21.     Bonds: 

The  supervisors  shall  prescribe  the  form  of  said  bonds  and  fix  the 
time  for  pavment,  which  shall  not  be  more  than  fortv  vears  from 
date. 

Section  22.     Maximum  interest: 

Said  bonds  shall  not  exceed  a  greater  amount  of  interest  than  six 
l)er  cent,  payal:)le  annually  or  semi-annually,  and  shall  not  be  sold 
for  less  than  par.     The  proceeds  shall  constitute  a  building  fund. 

Section  2?>.     Tax  levy  for  interest,  etc.: 

Provides  for  the  levy  of  a  tax  for  the  payment  of  interest  on  the 
bonds  and  their  payment  at  maturity. 

Section  24.     Provides  for  the  cancelation  of  unsold  l)nnd>: 

Section  25.  Provides  for  the  dissolution  of  the  district  upon  a  vote 
of  two-thirds  of  the  electors  and  the  payment  of  all  outstand- 
ing indel)tedness. 

CI\TL  SERVICE  COMMISSION 
Gexi:r.\t.  T.a\\-s  of  1013,  Pace  398,  Citapter  95 

^  ^tC  ^  :jc 

Section  7.     Position  cxemiit : 

Positions  held  in  the  following  specified  classes  are  exempt  from 
such  method  of  appointment. 

;;;  :|:  ^  * 

Section   11.     State  librarian: 

The  chief  deputv  or  assistant  state  librarian  and  also  one  ])erson 
holding  a  position  having  a  confidential  relation  to  the  state  librarian 
and  appointees,  under  provisions,  for  court,  law,  teachers,  school 
and  county  libraries. 

Note:  A  note  in  the  librarv  laws  of  California,  edition  l'M3,  says 
the  civil  service  act  apjilies  to  state  librarv  and  not  to  other  libraries 

in  the  state. 

30 


Coi.oi^xno — 1 
COLORADO 

STATIC  Lir.UAin' 
Courtright's  Colorado  Statutes,  1913,  Ciiaptkr  82 — Lit.raries 

Section  3951.     Librarian,  etc.: 

State  superintendent  of  public  in.struction  sbull  be  cx-officio  libra- 
rian for  ibe  State.  State  library  shall  be  kej^t  in  rooms  provided 
for  it  I)y  the  State,  and  shall  be  kept  open  four  hours  specified  dailv. 

Section"  3952.     Duties  of  lilirarian: 

Librarian  shall  have  charge  of  bo(iks,  maps,  newspapers  and  other 
property  of  the  library. 

Skctiox  3953.     Same: 

Shall  receive  l)ooks  and  documents  for  the  library. 

Si:tTU).\  3'J54.     Same: 

Shall  receipt  for  and  keep  a  record  of  books  received. 

Section  3955.     Same: 

Librarian  shall  make  necessarv  rules  and  direct  expenditures. 

Si:cTiox  ^^>?().     Same. 

Librarian  shall  exchanfje  ])ublic  ilocuments  with  other  let^'islative 
bodies  and  libraries. 

Sk(TI()X  .Vi57.     -Slate  publications: 

Librarian  i^  directed  to  turn  over  to  public  libraries  in  the  State 
such  boi)k>,  pam])hk'ts.  etc.,  as  can  be  spared. 

Section'  395S.      Librarv  re.^ulations: 

.\11  ]XM-sons  may  visit  and  read  in  the  lil)rary;  mav  take  out  books 
by  making  a  deposit.  Various  state  officers  named  have  free  access 
to  the  books  and  the  lil)rarv,  takintj  them  out  under  proper  rec^'ula- 
tions;  lint  no  such  public  ofllcer  mav  ^ixe  am-  other  jierson  an  order 
to  draw  ])ooks. 

Si;(  iioN  3959.     Report: 

Librarian  shall  report  bicnniallv. 

.Si:(  TioN  3960-63.     Mineral  cal)inet: 

Librarian  shall  collect  and  arran^'e  a  mineral  cabinet. 

Section  3'^64.     P.ond: 

The  librarian  shall  c;"i\-i'  sufficient  bond. 

31 


Colorado — 2 
SI'1'RI':.A1I-:  COURT  LIP.RARIES 
Section  1428.     Books: 

State  lil)rarian  and  all  other  officers  of  tlie  state  re(|uire(l  to  (le])osit 
copies  of  statutes  and  other  hooks  of  law  in  the  Hbrary  of  the  Supreme 
Court. 

Section  1429.     Duties  of  librarian: 
Provides  hours  of  opening;  the  librar}-. 

Section  1430.     Library  fund: 

Auditor  of  state  directed  to  set  aside  the  fees  received  by  state 
treasiu^er  Ironi  tlie  fees  jiaid  to  the  clerk  of  the  Supreme  Coiun,  as 
a  .Su])reme  Court  l.ihrarv  fund. 

BOARD  OF  LIBRARY  COMMTSSTOXERS 

Section  3942.     Establishment: 

Creates  a  board  of  library  commissioners  of  five  residents  of  the 
state  appointed  by  the  Governor.  Terms  after  the  first  appoint- 
ment shall  be  five  years.     To  serve  without  compensation. 

Section  3943.     Duties  of  commission : 

Commission  shall  g'ive  assistance  and  counsel  lo  all  free  libraries; 
to  all  committees  which  nia\'  ])ropose  to  establish  them,  and  the 
persons  interested,  upon  their  establishment,  maintenance,  book 
selection,  cataloging,  etc.,  as  it  shall  find  practicable.  Commission 
may  send  its  members  to  aid  in  organizing  or  improving  libraries. 

Section  3944.     Reports  of  libraries: 

Every  library  supported  wholly  or  in  part  by  public  funds  shall  re- 
port annually  to  the  commission. 

Section  394.S.     Rcjiort  of  commission: 

Commission  shall  report  bienniallv  to  the  governor. 

Section  3946.     Expenses: 

Boarcl  mav  expend  a  sum  not  exceeding  two  hundred  and  fifty 
($250 )  dollars  annuallv  for  clerical  and  incidental  expenses. 

TRAVETTXG  LIBRARY  COMMTSSTON 

Section  3947:  Creates  traveling  library  commission  of  five  mem- 
bers, who  shall  serve  without  compensation,  be  appointed  1>\'  the 
governor  from  a  list  of  names  submitted  bv  the  Colorado  Eedera- 
tion  of  women's  Clubs,  shall  go  into  operation   Tulv   1.   1003. 

32 


Colorado — 3 

Sectiu.v  3948.     Terms: 

'Jlie  terms  after  the  lirsl  a])|)()intmcnl  shall  he  for  three  years. 

Skitiux  3949.     Powers  and  duties: 

Shall  have  the  power  to  hold  in  the  name  n\  ilie  State  proi)erty  and 
ajjparatns  necessary  to  create  and  keep  in  n])eration  free  travelini? 
lihraries;  shall  make  reasonahle  rei^'ulatiims;  and  such  hooks  when 
sent  out  shall  he  kept  for  the  general  use  of  the  public,  and  the 
commission  shall  distribute  and  at  intervals  change  the  libraries 
in  such  manner  as  to  sectire  their  greatest  use. 

Section  3950.     Offices: 

Suitable  accommodations  shall  be  provided  in  the  capitol  building 
for  the  tra\eling  library  commission. 

PUBLIC  LIBRARIES 

Sectjox   3965.     Fines  applied  to  public  library: 

Clear  proceeds  of  all  fines  for  any  breach  of  the  penal  ordinances 
in  any  city  and  for  penalties  or  any  recognizance  in  criminal  ]iro- 
ceedings  may  be  exclusively  applied  to  the  establishment  and  sup- 
port of  public  lil)raries  as  hereinafter  provided. 

SKtTiox  3966.     Establishment: 

Any  city  in  this  state  may  establish  a  public  library  under  the  pro- 
visions of  this  act,  whenever  the  common  council  of  such  city  shall 
by  ordinance  determine  to  establish  the  same. 

Section  3967.     Library  committee: 

Whenever  the  council  of  any  city  shall  pass  an  ordinance  to  estab- 
lish a  ])ul)lic  library,  the  mayor  shall  appoint  three  persons  as  a 
library  committee,  for  tlie  term  of  one  year,  whose  appointment 
shall  be  confirmed  by  the  council. 

Sk(  Tiox  3968.     Duties  of  committee: 

Shall  expend  the  money  ])rovided  for  library  pur])oses;  make  rules 
and  regulations:  ai)point  a  staff:  have  general  control  of  the  li])rarv: 
report  annually  to  the  council. 

Section  3969.     No  compensation.     Bond: 

Memliers  of  the  librar\-  comniiltee  shall  i)erform  tlu'ir  duties  wilh 
out  con  ipeiT'a  lion,  -md  ^liall  gi\e  bond  of  \]yv  hundreil  dollars  ( S500). 

Section  3970.     Power  to  .sue: 

Such  committee  shall  ha\e  the  power  to  sue  rnid  be  sued  in  all  mat- 
ters relating  to  the  library  or  library  funds. 

.33 


Colorado — 4 

Section  3971.     Association  library: 

(  niiiicil  iir  truslec's  of  cities  or  towns  niav  ai)i)lv  anv  part  of  the 
fund  provided  in  section  3965  for  the  benefit  of  any  Hbrary  associa- 
tion, provided  such  library  association  will  give  the  common  coun- 
cil or  l)oard  of  trustees  such  representation  upon  its  board  of  man- 
agement as  may  1)e  re(|uired. 

SiaTiox  3972.     Cities  may  establish: 

The  council  of  any  city  or  the  trustees  of  any  town  may  establish  and 
maintain  ])uhlic  lil)rarv  and  readmg  room,  and  niav  levy  a  tax  there- 
for not  to  exceed  one  mill,  and  in  cities  of  over  one  hundred  thous- 
and (100,000).  after  such  li])rarv  and  reading  room  have  been 
estal)lished,  shall  lew  a  tax  of  not  less  than  one-fourth  of  a  mill, 
and  nut  to  exceed  one  mill. 

Sectio.x  3973.      Hoard  of  directors.     Appointment: 

When  an\-  cit\-  council  or  hoard  of  trustees  shall  have  decided  to 
csta])]ish  a  pu])lic  lilirarv,  tlie  mavor  shall,  with  the  approval  of 
the  council  or  trustees,  appoint  six  persons  who  shall  constitute  a 
board  of  directors:  and  not  more  than  one  member  of  council  .shall 
be  at  any  one  time  a  member  of  such  board. 

Sectiox  3974.     Terms  of  office.     \"acancies: 

Such  directors  shall  hold  office  one-half  for  one  vear;  one-half  for 
two  vears :  their  successors  for  two  years.  Vacancies  shall  be  filled 
by  election  by  the  remaining  members  of  the  ])oard. 

Section  3975.     No  compensation.     Removal: 

Xo  member  shall  receive  anv  compensation.  Any  member  may  be 
removed  by  his  associates  for  misconduct. 

Section  3976.     Powers.     Gifts: 

Such  board  .shall  constitute  a  body  corporate,  and  may  receive  gifts 
for  the  library,  be  a  partv  to  all  suits,  proceedings,  and  contracts, 
the  same  as  municipal  corporations  in  this  state,  and  shall  have 
power : 

1.  To  elect  officers. 

2.  To  make  by-laws,  rules  and  regulations. 

3.  To  employ  and  discharge  staff,  direct  expenditures  of  monies, 
construction  of  buildings,  care  of  grounds  and  buildings  and 
other  pro])ertv. 

4.  To  lease  and  iiurchase  grounds  and  l)uildings,  and  construct 
buildings. 

3.  To  contract  inde!)tedne>s  bv  liorrowing  monev  and  issuing 
bonds. 

34 


Cor.oKADo — 5 

(k     To  do  all  tliins^s  ncccssarv   for  inainlainin^"  and  dcvclopini;'  li- 
braries and  readinij'  rooni>. 

Section  3977.     J.ibrary  fund: 

All  monies  shall  he  dejiosited  with  the  treasurer  of  the  eilv  as  a 
library  fund,  and  shall  not  be  turned  into  the  g'cneral  fund. 

SiHTiox  397S.     Rules: 

Library  shall  be  free  under  rules  adopted  bv  the  directors,  who  mav 
extend  the  use  to  residents  of  the  State  outside  of  the  city,  upon 
such  terms  as  the\-  prescribe. 

Si-:(  riox  .Vi7*X      Report : 

Hoard  of  directors  shall  rei)ort  anntially  to  the  city  council. 

Section  3980.     Penalties: 

The  council  or  board  of  trustees  of  anv  such  city,  or  the 
board  oi  trustees  of  an\-  incorporated  town  shall  haye  power  to  pass 
ordinances  prescribint.;'  i)enalties  for  injury  or  failure  to  return 
librarA'  jiroperty. 

Sn  rio.x  3')S1.     Donations: 

Any  person  may  donate  money,  personal  properly  or  real  eNlale, 
for  the  benefit  of  such  librarA'  or  reading-  room,  and  vest  title  thereto 
in  the  board  of  directors,  to  1k'  held  and  controlled  by  them  when 
accei)ted  according  to  the  terms  of  the  deed,  gift  or  bequest. 

Section  3982.     ^May  purchase  or  lease  libraries: 

Gives  the  directors  of  public  libraries  power  to  jjurchase  or  to 
lease  the  librarv  belonyinc;'  to  an\-  library  association,  and  pre- 
scribes the  form  for  the  transaction. 

Section  3983.     Same. 

Gi\es  details  of  form  of  transfer.  Requires  that  stockdiolders 
representing  a  niajoritv  of  the  slock  must  \'ote  in  fa\dr  ai  the  sale 
or  lease. 

Section  3984.     Repeal.     Sa\ing  clause: 

This  seel  inn  re])erds  an  :ict  of  .April  3,  1893,  with  the  saxins''  clause 
that  all  ]M-ocee<lings  heretofore  taken  under  this  act  shall  stand 
and  continue. 

XFA\S  PAPERS 

Laws  of  I'M  3.  i)age  331.  Chapter  115.  An  act  to  disjiose  of  news- 
papers in  the  State  Library. 

Skctio.n  1.  .State  librarian  is  hereby  directed  to  turn  over  to  the 
librarian  of  any  free  i)ublic  librar\-  in  this  stale,  if  desired  for  publii 
use  therein,  the  newspapers  publi>licd  in  the  Slate  that  a:"c  now  on 
file  in  the   Librarv  or  that  may  hereafter  be  added  thereto. 

Sectio.N'  2.      l\e)>eals  conHictinij:  acts. 


CONNKCTICUT 1 

CONNECTICUT 

STATE  LIBRARY 

General  Statutes  of  Connecticut,  1902,  Chapter  260 

Si-.cTrnx  4613,  as  amended  1911.     Membership: 

The  General  Assembly  shall  biennially  appoint  two  persons  who, 
with  the  governor,  shall  constitute  the  state  library  committee.  Said 
coniniitlce  shall  liaxc  char^x  of  the  state  librarv  and  supreme  court 
buildino-s  and  the  ijrounds  connected  therewith,  and  shall  appoint 
a  state  librarian  who  shall  have  charq-e  under  them  of  said  build- 
mg  and  the  qrounds  connected  therewith,  report  biennially  to  the 
General  Assemblv  and  perform  such  other  duties  as  may  be  re- 
quired by  law.  (Verbatim). 

Section  4616.     Expenditures: 

State  librarian  mav  annnnlb-  purchase  for  the  state  library,  such 
books  as  the  state  librnrx-  cnniniittee  mav  direct  or  authorize,  at  an 
expense  of  not  exceedint;'  one  thousand  dollars  in  anv  one  year. 

(Verbatim). 

CONNECTICUT  HISTORICAL  SOCIETY 

General  Statutes,  1902,  Chapter  262 

Sectio.v  4627.     Connecticut  historical  society: 

Makes  appropri.-uion  for  Comiecticut  Historical  Societv  and  desia^- 
nates  its  work. 

Sectiov  4628.      Lrovidcs  for  distribution  of  its  publications. 

PUBLIC  LIBRARY  COMMITTEE 

Public  Acts  of  1915,  Chapter  209 

.SpTTiox    1.      Alcnibcrsbi]).      .\p])roi)riation : 

.Section  1,  ( 'hai)tcr  'AS  of  I'nbbc  .\cts  of  1<)0.S,  as  amended  1)\-  ("liaiitcr 
100  of  Public  Acts  of  1909,  is  amended  as  follows: 
State  board  of  education  shall  anuualh-  aiipoini  fi\e  jicrsons  who 
shall  be  known  as  the  Connecticut  public  library  committee.  No 
member  of  such  committee  shall  receive  compensation  for  services 
as  such,  but  members  shall  be  paid  necessary  expenses.  Com- 
mittee may  expend  not  to  exceed  four  thonsand  dollars  (,'t;4,000) 
for  the  purposes  set  forth  in  section  2  of  this  act.  for  clerical  assist- 
ance and  necessarv  incidental  cx]X'nscs  incurred  in  the  dischar^'e 
of  these  duties.  Committee  shall  senii-annualK-  render  account  of 
expenses  to  comptroller,  who  shall  audit  the  -^anie:  and  bill-  -hall 
be  paid  on  order  of  comptroller. 

27 


L"().\.\i;(  riirr — -2 
I'riM.n-  Acts  of  1905.  Ciiapti-k  OS 
Skctiox  2.     Duties  of  committee: 

Connecticut  public  library  committee  shall  <;"ive  communities  advice 
and  assistance  in  the  organization,  establishment  and  administration 
of  free  public  libraries,  and  aid  in  selection  and  cataloging  of  books 
and  library  management;  may  visit  and  ins])ect  libraries;  is 
atithorized  to  pin"chase  and  arrange  books.  i)ictures.  to  l)e  loaned  to 
l)ublic  libraries,  schools,  associations  and  individuals. 

PUBLIC  LIBRARIES 

(h:xi;u.\i.  STATfTKS,  1902,  Cii.\i'ti;r  2()2. 

1S'',>   Siuiiox    4()24.      Lslablishment   1)\    numiciiialities; 

Any  town,  borough,  or  city  may  establish  a  public  liljrary,  to  ])e 
tree  lo  its  inbal)itants,  mav  expend  such  sum  as  necessary  to  pro- 
A-ide  rooms,  or  a  building",  for  such  library  or  for  a  previously  estal)- 
lished  library  which  is  free. 

IS'',-)  .SixTiox  4625.     Api)roi)riations; 

An}-  town,  borough  or  city  may  annually  expend  such  sum  of 
money  as  may  be  necessary  for  maintenance  and  increase  of  such 
library;  may  fix  by  proper  by-law  amount  which  shall  lie  annually 
expended  for  such  library ;  treasurer  shall  thereby  annually  pay 
liills  incurred  for  maintenance,  not  exceeding  aggregate  fixed  by 
such  by-law ;  town  clerk  may  deposit  any  books  in  his  custody. 

1893  Section  4626.     Gifts: 

Any  town,  borough  or  city  may  receive  gifts  for  library. 

1893  Section  4629.     Directors: 

In  absence  of  any  other  ])rovision.  a  town  or  l)orough  may  elect  a 
board  of  directors,  which  will  make  rules,  expend  money  appro- 
priated, and  control  library  ground,  buildings  and  rooms. 

1893  Section  4630.     Directors'  election: 

Directors  to  be  elected  at  a  town  meeting,  called  for  the  purpose: 
to  be  of  a  ntimber  divisible  by  three,  elected  for  three  years;  first 
election  one-third  for  one  year,  one-third  for  two  years,  one-third 
for  three  Acars,  thereafter  for  three  years;  shall  serve  without  com- 
pensation. 

1893  Se(tton.s  4631,  4632  included  the  first  form  of  law  relating  to 
The  Connecticut  pul)lic  library  committee.  This  was  repealed,  and 
the  law-  is  given  under  foregoing-  heading. 

1893  Sf.cttox  4633.     Appropriation: 

It  any  town  ha\-ing-  no  free  ])til)lic  library  shall  establish  one  and 

38 


Connecticut — 3 

provide  for  its  custody,  use,  maintenance  and  increase  in  a  manner 
satisfactory  to  the  library  committee,  the  committee  may  expend 
for  such  hbrary  for  books  selected  by  itself  not  to  exceed  the  amount 
expended  by  the  town  and  not  to  exceed  two  hundred  dollars 
($200). 

]8').S  Skctiox  4634.     Payment  of  bills: 

State  treasurer  to  pay  such  l)ills  upon  the  order  of  the  secretary  of 
the  state  board  of  education. 

1893  Section  4635.     Directors: 
Women  elig'ible  to  serve  on  boards. 

]  895  Section  4636.     Reports : 

All  libraries  receivinsjf  state  appropriations  shall  annually  report 
to  the  public  library  committee. 

1895  Skitiox  4637.     State  appropriation: 

Tn  towns  whose  i^rand  list  exceeds  $600,000,  committee  mav  exi)cnd 
annually  for  Ixioks  selected  an  amount  not  to  exceed  amount  ai")- 
])n)priated  annuallv  liv  town:  in  towns  whose  ^rand  list  is  less  than 
.^600,000,  an  amount  not  to  exceed  that  received  from  anv  source 
and  expended ;  in  no  town  more  than  one  hundred  dollars  annually. 

1881,  revised  1888  Section  4638.     Council  may  establish: 
City  council  may  establish  pviblic  library  and  reading  room,  levy 
tax  not  to  exceed  one  and  one-half  mills,  1o  ])e  known  as  library 
fund. 

1881,  revised  1888  Section  4639.     Directors: 

Mayor  to  ai)])oint  nine  directors;  not  more  than  one  member  of  the 
city  council  shall  be  a  member. 

1881.  revised  1888  Section  4640.     Dmie>  of  directors: 

Shall  make  rules,  shall  have  exclusive  control  of  monies,  direct  con- 
struction of  buildings,  care  and  custody  of  buildings  and  grounds. 
mav  purchase  or  lease  groun.cl.  erect  buildings.  ai)point  librarian 
and  assistants,  fix  compensation  and  remove  such  appointees. 

1881,  revised  1888  Section  4641.     Libraries  to  be  free: 

Such  library  shall  be  forever  free.  '' 

1881,  revised  1888  Section  4642.     Report:  \ 

Directors  shall  reiiorl  anmudiv  to  cifv  council.  > 

1881,  revised  1888  Section  4643.     Penalties: 

City  council  may  pass  ordinances  imposing  penalties  for  injiu-y  to 
library  property. 

39 


COXXKCTRUT 

1881,  revised  1888  Section  4644.     Gifts. 
Shall  have  title  to  gifts. 

1881,  revised  1888  Section  4645.     Tax: 

Provides  for  increase  of  tax  to  a  rate  n<il  lo  exceed  three  mills.  1)y 
\()te  at  a  ])iihlic  elccti<in: 

18S1.  re\ise(l   1SS8  SiXTiox  4(i4(i.      \o  compensation: 
Directors  to  ser\e  without  compensation. 

I'L'RellAS!'   OF  I. AND  AXD  M  Al  XTl- XA  \l"F. 

Public  Acts  of  l'v»05,  Chapter  41,  as  amended  in  1915,  Chapter  156: 

An^■  town,  borough,  fire  district  or  citv  niav  expend  such  sums  of 
money  as  may  i^e  necessary  to  purchase  land  for  a  suitable  site,  for 
a  public  library  situated  in  such  town,  borough,  fire  district  or  cit}-. 
and  mav  ajjpropriate  such  sums  of  monev  as  mav  be  necessarv  to 
maintain  such  library  for  a  term  not  exceeding  ten  years,  which 
library  may  be  the  property  of  any  corporation  without  capital 
stock  or  may  be  the  property  of  such  town,  borough,  fire  district, 
or  city,  and  shall  be  free  to  the  inhabitants  of  such  town,  borough, 
fire  district  or  city.  (Verbatim) 


40 


DlM.AWAKI': 1 

DICI-AWARI-: 

STATE  LIBRARY 

Ri-:\iSEn  Statitf-S,  10]5,  Chaptkk  5,  Pagf.  17 

(An  act  to  establish  a  state  library) 

Section  1.     Slate  library: 

The  state  li1)rary  shall  consist  of  books,  pamphlets,  etc..  now  in 
possession  of  the  state  and  hereafter  acquired. 

Section  2.     Librarian: 

Governor  shall  appoint  a  state  librarian  to  hold  office  for  two  vears. 
Librarian  shall  s^ive  bond  for  two  thousand  dollars. 

Sf.(ti(XV  3.     Duties  of  librarian: 

Librarian  shall  have  i^eneral  chars^e  of  state  house;  shall,  with  the 
consent  of  the  judges  of  the  court  of  errors  and  appeals,  make  rules 
and  regulations  for  the  library,  and  shall  keep  a  record  of  books : 
shall  require  books  to  be  returned  and  collect  fines  for  overdeten- 
tion.  ^"; 

Sf.ctiox  4.     Gifts: 

Shall  keep  a  complete  record  of  books,  pamphlets,  etc.,  received. 

Skction  5.     State  publications: 

Librarian  shall  distribute  public  documents  to  states,  territories  and 
institutions  prescribed. 

SiccTtON  6.     Report.     Librarv  hours: 

Librarian  shall  report  to  the  general  assemblv  and  shall  kec])  the 
library  open  the  hours  prescribed. 

Section  7.     Removal: 

Governor  mav  remove  librarian  for  failure  to  perform  his  duties. 

Section  R.     Kx]-)enses: 

One  hundred  dollars  allow'ed  for  current  expenses. 

Section  0.     Salarv: 

Salarv  of  librarian  fixed  at  twelve  hundred  dollars  per  annum. 

Section  10.     Lawbooks: 

Appropriates  five  hundred  dollars  for  purcha^^e  of  law  books. 

Section  11.     Snpi)lics  for  General  Assemblv: 

The  librarian  shall  have  custodv  of  postage,  '^tationerv  and  sup- 
lilies  for  the  use  of  the  members  of  the  General  .Assembly. 

Section  12.      Tlii'^  relates  1o  rooms  and  office  of  the  librarian. 

41 


Delaware — 2 

Section  13.  Places  the  copies  of  the  Duke  of  York's  Records  in  llic 
custody  of  the  State  Librarian  and  provides  a  price  at  which  the}- 
slioukl  be  sold. 

Sectfon  14.     Authorizes  the  sale  or  exchange  of  books  in  the  library. 

Section  15.     Duties  of  librarian: 

Provides  for  reports  of  the  .State  Librarian  on  property  in  his  charge 
and  places  the  sale  of  the  publication  of  the  Public  Archives  Com 
mission  in  his  hands. 

Laws  of  Delaware.  1898,  Chapter  161,  Page  296 
Section  1.     Catalog  of  state  library: 

Authorizes  the  librarian  to  prepare  a  complete  and  comprehensive 
catalog  of  the  books,  pamphlets  and  documents  of  the  library,  of 
which  four  hundred  copies  shall  be  printed. 

STATE  LIBRARY  COMMISSION 

Revised  Statutes,  1915 

(Note:     Laws  of  Delaware   1903,  chapter  362,  sections   1-17,  with 
amendments,  form  the  following  sections  933-949  inclusive). 

Section  933.     Creation,  and  terms  of  office: 

Tlierc  sliall  l)c  c'sta])lislu'(l  a  state  Iibrar\-  commission  in  the  stale 
of  Delaware.  Said  commission  shall  consist  of  nine  persons,  ap- 
pointed by  the  governor  for  a  term  of  five  years ;  provided  that 
in  the  first  commission  three  members  shall  be  appointed  for  one 
year,  llirce  for  three  vears  and  three  for  five  vears.  X'o  person  shall 
be  ineligible  by  reason  of  sex  to  serve  on  the  commission. 

Section  934.     Organization : 

The  commission  shall  organize  by  the  selection  of  president  and 
other  officers.  State  librarian  shall  by  virtue  of  his  office  be  secre- 
tary of  tlie  commission,  l)nt  shall  have  no  vote.  No  member  sliall 
recei\'e  an\-  compensation.  The  stale  treasurer  is  authorized  to 
])ay  for  the  projier  and  necessarv  objects  of  the  commission,  the 
sum  of  three  thousand  dollars,  and  in  addition  the  actual  and  neces- 
sary expenses  of  the  members  in  attending  to  the  work  of  the  com- 
mission and  the  necessarv  ]irinting",  i)ostage,  stationerv  and  office 
expenses.  (Note:  The  legislature  usuallv  aii])ro|:)riates  two  hun- 
dred dcillarv  tr)r  contingent  exjienses.) 

Section  935.     Duties  of  commission: 

The  commission  shall  have  general  supervision  over  all  libraries 
now  or  hereafter  established,  shall  have  power  to  require  reports 

fn >ni  district  lil)rar\-  commissions,  shall  certifv  to  the  state  treasurer 

42 


Di:i.A\v.\ui:— -3 

when  any  library  is  entitled  to  state  aid,  and  shall  have  all  furthei 
powers  necessary  for  the  general  supervision  of  the  libraries  afore- 
said. The  commission  is  further  authorized  to  i)r()vide  libraries 
to  such  extent  as  they  shall  deem  advisable  and  their  funds  shall 
]icrmii :  to  control  the  circulation  of  same  and  jjrovide  for  the  dis- 
tribution of  books  and  other  reading-  matter,  and  do  such  other  acts 
tending  to  the  encouragement  of  reading,  as  thev  shall  deem  ex])edi- 
ent ;  sliall  have  ]iower  to  make  rules  for  its  own  government  and 
hhall  report  biennially  to  the  general  assemblv. 

FREE  PUBLIC  LIBRARIES 

Section  936.     Gifts: 

Any  single,  united,  consolidated  or  incorporated  school  district  may 
receive  in  its  corporate  capacity  and  hold,  anv  devise,  bequest  or 
donation  for  the  foundation  and  establishment,  or  for  the  mainte- 
nance, support  and  increase  of  a  free  public  librarv  witliin  same. 

Section  937.     Right  to  establish: 

Anv  such  school  district  is  authorized  to  establish  and  maintain  a 
free  pu])lic  library,  with  or  without  reading  rooms,  for  the  use  of 
the  inhabitants  thereof,  jirovided,  either  that  at  an  election  held 
as  liereinafter  ])ro\-ided,  a  niaioritv  of  the  (|ualifie(l  electors  of  said 
school  district  then  voting  shall  vote  in  favor  of  such  establishment, 
or  that  a  sum  hereinafter  specified  shall  be  donated  to  such  district, 
or  the  payment  of  such  sum  guaranteed. 

Section  938.     Classification  of  districts : 

For  the  purpose  of  this  act,  all  school  districts  are  classified  accord- 
ing to  the  sums  whicli  the  several  l)oards  of  education  or  school 
committees  are  authorized  ])\  law  to  lew  annually  for  current  school 
expenses,  as  follows :  District  of  the  first  class,  levying  six  thous- 
and dollars  ( $C).000  )  or  more;  district  of  the  second  class  not  as 
much  as  six  thousand  dollars  (Sf ).()()())  nor  less  than  four  thous- 
and dollars  ($4,000);  district  of  llie  third  class  not  as  much  as 
four  thousand  dollars  (.S4.000)  nor  less  than  two  thottsand  dollars 
($2,000);  tlistrict  of  the  fourth  class  not  as  nmch  as  two  or  less 
than  one  thousand  dollars  ($1,000);  district  of  the  fifth  class  not 
as  nnich  as  one  thousand  dollars  ($1,000)  nor  less  than  five  hundred 
dollars  ('$500)  ;  district  of  the  sixth  class  not  as  much  as  five  hun- 
dred dollars  ($500)  nor  less  than  two  hundred  dollars  ($200) ;  dis- 
trict of  tlie  seventli  class  less  than  twn  bumb-fd  dollars   ($200). 

Section  939.     Petition  for  election: 

F.very  board  of  education  or  school  conmn'tlee  shall  subnn't  the 
question  as  to  the  eslablishment  of  a  free  public  librrirv  to  the  (inali 

43 


DEr.AWARi-: — 4 

fied  electors  at  a  special  election  to  be  held  on  the  day  next  follow  ing 
the  ensuing-  regular  school  election,  not  beinof  a  Sunday  or  legal 
holiday;  must  give  thirty  days'  notice  in  advance.  The  number 
of  electors  who  nnist  petition  as  aforesaid  shall  be  as  follows:  Dis- 
tricts of  the  first  or  second  class,  twentv  qualified  electors:  districts 
of  the  third,  fourth  or  fifth  class,  ten  qualified  electors;  districts  of 
the  sixth  or  seventh  class,  five  qualified  electors. 

Section  940.     Method  of  election: 

Election  shall  be  conducted  as  at  the  regular  school  election.  A 
r.iaioritv  of  the  votes  cast  sliall  decide;  the  election  must  be  adver- 
tised at  least  ten  days  beforeliand,  may  be  advertised  by  any  quali- 
fied elector  in  case  tlie  Ixiard  of  education  or  school  committee 
neglect  or  refuse  to  do  so. 

Section  941.     Subsequent  elections: 

In  case  a  maioritv  of  the  ballots  l)e  against  the  csta1)lishment,  the 
question  may  be  submitted  again  in  the  same  manner  on  the  day 
following  the  next  reg^ular  school  election ;  provided  that  not  more 
than  one  special  election  for  such  purpose  shall  be  called  in  any 
one  district  in  any  one  vear. 

Section  942.     Levy: 

If  at  such  election  the  voters  shall  declare  in  favor  of  estal)lishing  a 
library,  the  board  of  education  or  school  committee  is  authorized, 
empowered  and  required  to  levy  for  the  establishment  and  main- 
tenance of  such  library  for  the  year  next  ensuing,  a  sum  determin- 
able l)y  the  class  in  which  such  district  belongs,  namely  in  a  district 
of  the  first  class  the  sum  required  to  be  levied  shall  be  not  less  than 
five  hundred  dollars  ( S500 )  nor  more  than  one  thousand  dollars 
($1,000)  :  second  clas'^.  not  less  than  one  hundred  and  fiftv  dollars 
($l.=iO  )  or  more  than  four  hundred  dollars  ( ,S400  )  :  of  the  third  class 
not  less  than  one  hundred  dollars  ($100)  or  more  than  three  hun- 
dred dollars  ($300)  ;  of  the  fourth  class  not  less  than  seventy-five 
dollars  ($75)  or  more  than  two  hundred  dollars  ($200);  of  the 
fifth  class  not  less  than  fifty  dollars  ($50)  or  more  than  one  hundred 
and  fifty  dollars  ($150)  ;  of  the  sixth  class  not  less  than  forty  dol- 
lars ($40)  nor  more  than  one  hundred  dollars  ($100)  ;  of  the 
seventh  class  not  less  than  twenty-five  dollars  ($25)  nor  more  than 
seventy-five  dollars  ($75). 

The  board  of  education  or  school  committee  shall  levy  thereafter 
annually  the  amount  prescribed  and  limited  in  this  section. 
Librarv  taxes  shall  be  levied  and  collected  as  school  taxes. 
Any  district  in  which  a  library  has  been  established  may  fix  the 
sum  not  less  than  a  minimum  required  for  the  maintenance  of  the 
librarv  during  the  ensuing  year  by  majority  vote  at    an    election. 


Dki.awar]-: — 5 
Section  943.     Guarantee  of  support : 

Whenever  the  board  of  education  or  school  committee  of  any  school 
district  shall  have  s^uaranteed  for  the  support  of  a  public  library,  a 
sum  equal  to  the  minimum  amount  required  to  be  raised  under  sec- 
tion 10  of  this  act  for  each  vear  for  three  vears  next  ensuing-,  the 
board  of  education  or  school  committee  shall  declare  a  public  library 
to  be  established  ;  shall  proceed  to  name  a  district  librarv  commission 
as  provided  in  section  12.  Such  "uarantce  mav  be  bv  gift,  devise, 
money  or  securities,  or  other  valuable  property,  or  l)y  subscription 
lists,  or  by  other  plan  approved  by  the  state  library  commission; 
provided,  such  g'uarantee  has  the  sanction  of  said  librar}'  commis 
sion. 

SEt'TiON  944.     District  lil)rary  commission : 

Every  school  district  bavins^  a  free  library  established  under  the  pro- 
visions of  this  act  shall  annuallv  thereafter  and  at  an  election  held 
on  the  day  followin.s^  a  reg'ular  school  election,  elect  members  of  a 
school  district  librarv  commission.  Xunibcr  of  members  in  district 
of  the  first  or  second  class,  nine;  third  or  fourth  class,  five;  fifth, 
sixth  or  seventh  class,  three,  ^lembers  shall  Imld  office  for  tliree 
years;  ])rovided,  that  in  districts  of  the  third  and  fourth  classes  at 
the  first  election,  two  meml)ers  shall  l)e  elected  for  one  year,  two 
two  years,  and  one  for  three  vears  and  in  all  other  districts  at  ihc 
first  election  one-third  of  the  members  for  one  vear,  one-third  for 
tvo  vears  and  o'le-tlrrd  for  tlvee  vears. 

Meml)ers  of  the  librarv  commission  mav  or  mav  not  be  members  of 
the  board  of  education  or  school  committee  and  no  person  shall  l)c 
ineliL^'ible  to  ser\e  1)\'  reason  ol  sex. 

Election  of  members  shall  be  ])y  ballot  and  conducted  as  is  the  elec- 
tion of  members  of  the  board  of  education. 

Section  945.     Organization: 

Lil^rary  commission  shall  or,ganize  by  electing  from  its  members 
a  chairman  and  other  officers.  The  treasurer  of  the  school  district 
shall  be  treasurer.  The  official  bond  of  the  treasurer  shall  be  held 
to  include  library  monies.  Failure  to  attend  three  meetings  at  the 
option  of  the  commission  shall  be  deemed  a  \ac;nic\-. 

Section  946.     Duties  of  commission: 

The  commission  shall  have  entire  custod\  and  management  of  all 
library  property  and  funds;  shall  make  report  to  the  district  at  each 
annual  school  meeting;  shall  rei)ort  to  the  board  of  education  or 
school  committee  the  amovmt  of  monev  deemed  necessary  for  any  one 
year:  shall  report  to  the  librarv  commission  as  recpiired;  shall  have 
l)o\\rr  to  pm'chase,  lea'-e  oi"  rent  a  room  or  room-^  for  the  librarw  to 
I'urnish  and  care  for  the  same;  may  with  the  consent  of  the  board  ol' 

45 


Dklawaui-: — 6 

education  u^e  sclmo]  rooms:  sliall  liave  power  to  purchase  or  re- 
ceive gifts  of  books  or  other  personal  property,  to  employ  stall  ;  and 
shall  have  such  further  powers  as  may  be  necessary  for  the  estab- 
lishment and  maintenance  of  the  library. 

riie  commission  shall  have  power  to  make  rules,  provided  the  use 
of  libraries  shall  be  free  to  all  residents  of  the  district  and  non-resi- 
dents owning  assessable  real  estate  in  the  district.  The  rules  and 
regulations  shall  be  enforcible  by  a  penalty.  Fines  collected  shall 
be  paid  to  the  library  commission. 

Section  947.     Use  by  non-residents : 

The  school  district  library  commission  may  permit  persons  living 
without  the  corporate  limits  of  the  district  to  use  said  librarv  upon 
the  payment  of  such  fee  as  said  commission  shall  deem  proper. 

Section  948.     Union  of  school  districts: 

Provides  for  the  union  of  two  or  more  school  districts  Ijy  election 
held  on  petition. 

Section  949.     State  appropriation: 

Provides  that  wlien  the  state  librarv  commission  shall  certif\-  to  the 
slate  treasurer  that  anv  school  district  has  raised  an  amount  not 
less  than  the  sum  prescribed  in  section  10,  the  state  treasurer  shall 
])ay  to  that  district  a  sum  equal  to  the  lowest  sum  prescribed  and  an- 
nually thereafter  a  .sum  ec|ual  to  one-half  the  lowest  sum  prescribed. 
(Section  10  is  now  Section  'H2  foregoing). 

HISTORY 

Laws  of  Delaware.  1001.  Chajiter  136.  ])ro\-ide(l.  in  section  1-3.  for  the 
librarv  comnn'ssion :  in  'sections  4-1.^  for  free  public  liliraries  to 
be  established  by  towns  and  cities. 

Taws  of  Delaware,  1903,  Chapter  361,  amended  the  foregoing  act. 
making  some  modifications  in  the  sections  applying  to  the  com- 
mission and  making  the  sections  in  regard  to  free  public  libraries 
substitute  "school  district"  for  town  or  city,  in  the  subse(iuent 
sections. — thus  transferring  the  power  of  establishing  free 
public  libraries  from  towns  and  cities'  to  school  districts. 

Laws  of  Delaware,  1903,  Chapter  362,  re-enacted  all  the  sections 
thus  re-enacted:  with  amendments  of  later  sessions,  the  act  is 
given  above. 

Section  950:  This  relates  to  the  Dover  Public  Library  and  the 
Corbit  i.ilirarv  in  Odessa,  founded  previous  to  the  passintr  of 
the  act, — allowing  them  to  benefit  bv  the  provisions  under 
Section  949. 

4r, 


Delaware — 7 

Laws  of  Delaware,  1909,  Chapter  106,  Section  1.  *  "  *  Second: 
That  a  new  section  be  added  to  the  act  aforesaid  as  amended 
as  aforesaid,  after  Section  17  thereof,  as  follows: 

Skctiox  951.  Library  bonds.  (Ibis  was  Section  IS  in  Laws  of 
1913,  later  Section  19)  : 

'I'liat  wlicnever  the  district  hbrary  commission  of  any  free  jmblic 
bbrarx'  esiabbslicd  under  this  act  shall  deem  it  jjroper  or  e.\])edienL 
to  borrow  iiionev  for  tlic  inu'cbase  of  a  liuildiiiL;'  or  of  a  site,  or 
for  the  purchase  of  a  builtliu^  owned  by  sucli  district,  or  for  the 
purchase  of  books,  it  shall  adopt  a  resolution  to  that  effect  and  sub 
mit  it  to  the  approval  of  the  voters  of  such  district  at  any  regular 
annual  meeting-.  In  case  of  a  favoral^le  vote,  the  library  commis- 
sion shall  certify  the  result  of  said  election  to  the  board  of  educa- 
tion or  school  committee  and  said  board  or  committee  shall  there- 
U])on  have  power  to  sell  bonds  to  the  amount  named  in  said  resolu- 
tion. Said  bonds  shall  bear  interest  not  exceeding-  six  percent.  Pro- 
vided that  the  agi^regate  of  any  sums  borrowed  under  the  ])rovisions 
of  this  section  shall  not  exceed  the  sum  of  ten  thousand  dollars 
(  SlO.nOO  )  in  a  district  of  the  first  class.fivethousanddollars  (  $5,000) 
in  a  district  of  the  second  or  third  or  fourth  classes,  nor  two  thous- 
and, five  hundred  dollars  ($2,500)  in  districts  of  anv  other  class. 
Whenever  such  bonds  have  been  issued,  the  board  of  education  or 
school  committee  .shall  annually  lew  an  amount  sufficient  for  the 
])aymeiil  of  the  interest  and  to  i)rovide  a  sinking  fund  for  the  pnv- 
UK-nt  (if  the  debt  at  or  before  maturity. 

SCHOOL  TR.WLLIXC  LIRR.XRILS 
Section  952.     Appropriation.     L^sc.     Report: 

Directs  the  state  treasurer  to  pay  annually  the  sum  of  one  hundred 
dollars  ($100)  to  the  chairman  of  the  commiltee  on  traveling 
liltraries.  or  the  state  federation  of  women's  clubs  in  Delaware. 
Directs  that  the  said  sum  of  one  hundrerl  dollars  ($100)  so  paid 
each  year  as  aforesaid  shall  be  used  by  the  said  C(»nmittee  on  travel- 
ing libraries  for  the  exclusiye  i)ur])ose  of  pmxdiasing  books  and 
cases  to  hold  same,  and  for  circulating  (hem  among  the  ptiblic  schools 
throughout  the  state  under  such  rules  and  regulations  as  said  com- 
mittee shall  deem  proper.  The  said  committee  shall  receive  no  com- 
pensation whatever  for  their  services. 

The  said  conimittee  sbrdl  report  biennially  to  the  ijeneral  asseml>1v. 
('Laws  of  Delaware.  1898.  chapter  .320.  sections  1.  2.  3). 

Penalty  for  Injitrtnc.  ?>ooks 
L.\ws  ov  Di;r..\w.\iu=:.  1895.  Cii.\i'I"i:k  125 
Section  1. 

Am'  ])erson  ba\ing  access  to  or  being  in  ])ossession  ol   :\uv  book, 

47 


Delav'are — 8 

niaii'azinc.  ])aniiilik'l  nr  oilier  properly  of  an\-  lil)rar\-  or  other  educa- 
tional institution,  who  shall  wilfully  mark,  mutilate,  deface  or  in- 
jure the  same,  or  shall  wilfully  deface  any  label,  book,  book-plate, 
book-card  or  book-pocket  or  the  library  marks  or  numbers  on  the 
same,  shall  be  deemed  c^uilty  of  misdemeanor  and  shall  be  fined  not 
exceeding-  twenty-five  dollars  ($25),  or  imprisoned  not  exceeding 
six  months,  or  both. 

Penalties  for  Detaining  Property  of  Public  Libraries 

Laws  of  Delaware.  1911,  Chapter  278 
Sectiox  1. 

Whoever  wilfully  detains  a  book,  newspaper,  magazine,  pamphlcl 
or  manuscript  which  belongs  to  a  public  or  incorporated  library,  for 
thirty  davs  after  a  notice  in  writing  of  the  librarian  thereof,  given 
after  the  expiration  of  the  time  which,  l)y  the  regulations  of  such 
]i])rarv,  such  liook,  newsi)aper.  magazine,  pami^hlet  or  manuscript 
may  be  kept,  shall  be  guilty  of  misdemeanor  and  on  conviction 
thereof  shall  be  punished  by  a  fine  of  not  less  than  one  nor  more  than 
twenty-five  dollars  ($25)  or  bv  imprisonment  for  not  more  tlian 
thirty  days. 


48 


Florida — 1 

I'lJ  )UI1).\ 

PUBLIC  LIBRARIES 

Compiled  Laws,  1914 

Section  1048  a.     Eslablishnient.    Levy : 

W'hcntncr  a  city  or  town  council  shall  deem  il  advisal)lc  lo  establish 
a  ])ul)lic  Iil)rar\-  and  reading-  room  tree,  thcv  shall  call  an  election. 
and  if  a  majority  of  the  registered  voters  shall  vote  in  favor  of 
establishing  such  public  library,  the  council  shall  establish  the  same 
and  may  le\'y  not  more  than  two  mills  on  a  dollar,  to  be  known  as 
the  library  fund. 

Skctiox  1048  b.     Board  of  directors: 

Council,  having  decided  to  establish  such  library,  shall  elect  five 
directors,  citizens,  the  jNIayor  and  members  of  the  council  not  being 
eligible ;  these  shall  be  elected  lor  five  years,  one  term  expiring  each 
year;  shall  not  receive  compensation;  shall  organize  by  electing 
officers;  three  constitute  a  ([uorum;  they  shall  make  the  regulations 
for  the  library;  shall  control  expenditures,  buildings  and  grounds. 

Sectiox  1048  c.     Fund.     Payments: 

.\11  taxes  and  other  funds  to  be  kept  in  a  se])arate  fund;  bills  to  be 
paid  by  the  treasurer  of  city,  (he  vouchers  signed  by  the  ])resident, 
authenticated  by  secretary  (^f  the  board. 

Si;(  Tiox  1048  d.       Lowers  of  board: 

Library  l)oard  shall  have  power  to  purchase,  lease  or  provide  build- 
ings, appoint  and  remove  staff,  fix  compensation,  regulate  use  of 
library  and  such  other  powers  as  may  be  necessary  to  carry  out  the 
intent  of  the  act. 

Section  1 048  e.     Library  free : 

Librarv  tn  be  forever  free,  subicct  to  reasonable  regulations. 

Section  1048  f.     Report: 

Librarv  lioard  to  rei)ort  annually  to  city  council. 

Section  1048  g.     Rules: 

Rules  of  the  librarv  board  may  be  amended  by  the  council. 

Section  1048  h.     Penalties: 

Provides  penalties  for  violation  of  the  rules. 

Si-.cTiox  1048  i.     Donations: 

Donations  to  librar\-  shall  \est  in  the  librarv  board  or  their  suc- 
cessors, and  tliev  ^hall  thereafter  liccome  owners  then'of  in  trust 
to  the  u^e  of  the  public  library. 

40 


Florida — 2 

Section  1048  j.     Exemption: 

Library  property  exempt  from  execution  and  taxation. 
Section  1048  k.     Library  on  deposit. 

May  receive  and  provide  for  circulating"  library  on  deposit. 

Section  431.     Exemption: 

I'hc  following-  property  shall  he  exemi)t  from  taxation:  *  *  '^ 
Fiftli,  all  public  libraries,  real  and  personal  propertv  Ijclonifjinq-  to 
and  connected  with  the  same,  consisting  of  the  librarv  itself  and  all 
real  and  personal  property  held  for  the  actual  use  and  occupation 
of  such  librarv,  and  not  for  rent,  profit  or  speculation. 


50 


Georgia — 1 
GEORGIA 

STATE  LIBRARIAN 

Georgia  Code,  1910 

Section   172.     State  librarian: 

State  librarian  shall  be  nominated  by  the  o-overnor,  confirmed  by 
the  senate,  for  a  term  of  four  years. 

Sections  173  and  174  provide  for  salaries  of  librarian  and  assistants. 

Section  175.     Bond: 

Librarian  must  ji^ive  bond  for  two  thousand  dollars  ($2,000). 

Section  176.     Library  rooms: 

The  library  shall  be  kept  in  apjiropriate  apartments  in  llie  capitol 
building",  designated  l)v  the  governor,  luider  rules  and  regulations 
prescribed  by  him. 

Section  177.     Duties  of  librarian: 

Librarian  shall  jireserve,  keep  in  order,  and  protect,  the  library; 
keep  it  open  for  the  inspection  of  citizens  of  the  state;  perform  other 
duties  as  required. 

Section  178.     Distribution  of  books: 

Librarian  shall  distribute  public  documents  under  the  direction  of 
the  governor. 

Section  179.     Duties  of  librarian: 

Must  receive  public  documents  and  receipt  for  them  and  take  re- 
ceipts on  their  distribution. 

Section  180.     Catalogue: 

Librarian  shall  prepare  and  make  a\ailal)le  a  catalogfue. 

Section   181.     Reports: 

Reports  of  various  departments  to  be  filed  with  the  librarian. 

Sections  182-187.     Reports: 

Relate  to  the  printing  and  distributing  of  state  reports,  in  con- 
nection with  the  state  library. 

Section  188.     Governor's  sujicrvision: 

The  librarian  is  under  general  supervision  of  the  governor. 

Section    189.     Responsibility: 

If  the  librarian  resign  or  be  removed,  he  must  within  ten  days  de- 
liver all  propertv  of  llie  lil)rary  to  his  successor.  If  there  is  a  defi- 
ciency, the  governor  shall  bring  suit  on  his  bond. 

51 


Gi-:oKi;iA — 2 
LEGISLATR'E  REFEREXXE  Bl'REAU 

Acts  and  Resolutions  General  Assembly,  1914,  pa.^e  137,  Act  Xo.  397. 
An  act  to  establish  a  legislative  reference  deijartnient  in  con- 
nection \vith  state  library  and  provide  for  its  maintenance. 

SiXTiox  1.     listablishment : 

There  shall  be  established  in  connection  with  the  State  Lil)rary. 
under  the  direction  of  the  librarian,  a  legislative  reference  depart- 
ment. Its  obiect  shall  be  to  gather  and  make  available  informa- 
tion to  aid  the  members  of  the  legislature  and  the  state  departments, 
and  to  serve  other  citizens.  This  department  shall  collect,  arrange, 
classifv  and  index,  books,  pamphlets  and  other  materials  relating 
to  legislation;  shall  prepare  abstracts  of  laws  of  other  states  and 
countries;  and  shall  make  indexes  of  tlie  legislative  and  administra- 
tive records  of  this  state. 

Section  2.     Legislative  librarian : 

State  librarian  is  authorized  to  designate  second  assistant  librarian 
as  legislative  reference  librarian. 

Section  3.     Expense: 

Authorizes  one  thciusand  dollars  ($1,000)  annually  for  the  ex- 
penses of  the  department,  in  addition  to  salarv  of  librarian. 

Section  4.     Appropriation: 

]\Iakes  appropriation  for  1914-15. 
Section  5.      Repeals: 

Repeals  inconsistent  laws. 

STATE  LIBRARY  COMMISSION 
Georgia  Code,  1910 
Section   1503.     State  library  commissioners: 

The  go\ernor  shall  appoint  five  persons  who  shall  constitute  a 
state  library  commission ;  and  no  person  shall  be  eligible  to  appoint- 
ment on  said  commission  who  is  interested  in  any  publication  house 
or  the  sale  of  any  book  or  books,  or  agent  for  the  same.  The  mem- 
bers of  said  commission  shall  be  appointed  for  a  term  of  three  years, 
and  shall  annually  elect  a  cliairman  and  secretary.       (Verbatim) 

Section   1564.     Duties,  and  reports  of  commissioners: 

'I'hc  commission  shall  give  advice  and  counsel  to  all  libraries  in  the 
state,  and  to  all  communities  which  may  propose  to  establish  them, 
as  to  the  best  means  of  establishing  and  administering  such  libraries, 
the  selection  of  books,  cataloging  and  other  details  of  librarv  man- 
agement.    The  commission  may  also  send  its  members  to  aid  in 

52 


Georgia — 3 

organizing  new  libraries  or  improving  those  already  established. 
The  commission  shall  make  biennial  reports  to  the  governor. 

(Verbatim) 
Sectiox  1565.     No  compensation  for  service: 

Xo  member  of  this  commission,  nor  the  secretary,  shall  receive  any 
compensation  for  services  or  traveling  expenses  as  a  member  of 
this  commission,  nor  shall  the  state  pay  any  expenses  whatever  that 
may  be  incurred  in  any  way  by  this  commission. 

PUBLIC  LIBRARIES 

Section  1566.     Public  libraries  in  cities: 

Any  city  in  the  state  may  through  its  properly  constituted  muni- 
cipal officers  raise  by  taxation  from  year  to  year,  and  permanently 
appropriate,  monies  for  the  purpose  of  establishing  or  erecting  or 
maintaining  a  public  library,  or  assisting  in  maintaining  a  public 
library.  Any  such  sum  or  sums  so  appropriated  shall  be  expended 
by  and  under  the  direction  of  the  board  of  trustees  of  such  public 
library  elected  by  the  city  council  of  said  city. 

Section  1567.     Disbursements: 

In  any  city  in  which  an  ap):)ropriation  is  made  by  virtue  of  section 
1566,  all  money  so  expended  shall  be  paid  under  warrant  of  board 
of  trustees  elected  by  the  city  council;  and  an  itemized  statement 

shall  he  made  annnallv  to  the  mayor. 

Sectiox  1568.     Donations: 

Said  board  of  trustees  are  authorized  to  accei)t  and  receive  dona- 
tions either  in  money,  land  or  other  iiroperty,  for  the  jmrpose  ot 
erecting  or  assisting  in  the  erection  of,  suitable  ])uildings  for  the 
n>e  of  said  public  librarv,  for  maintaining  the  srnne  or  for  assisting 
in  maintaining  the  same. 

Section  LS69.     Duties  of  trustees: 

Said  board  of  trustees  shall  rigidly  supervise  said  public  library 
property ;  pass  necessary  rules  and  regulations ;  elect  and  designate 
a  stafi"  and  may  remove  the  same. 

Section  1570.     Agreements  in  regard  to  donations: 

The  nnnn'ci])al  government  of  any  city  shall  have  authority  to 
enter  into  a  legal  and  binding  agreement  to  accept  and  receive  anv 
donation  offered  by  any  jierson  or  persons  on  such  terms  as  nia\- 
be  agreed  on  between  said  jjcrson  or  persons  and  said  nuiin\-ii)al 
government,  and  such  agreement  so  made  shall  be  legal  and  bind 
ing  u|)on  said  munici|)al  government  and  its  successors;  and  all 
agreements  b\-  said  nuniicii)al  government  of  said  city  to  pay  an_\ 

53 


Georgi.' 

sum  or  sums  of  money  annually  thereafter  for  the  use  of  said  public 
library  shall  be  le.sfal  and  bindin.s:  on  the  said  city;  anv  or- 
dinance or  ordinances  carrying  said  agreement  into  effect  shall  have 
the  force  and  effect  of  law  and  lie  binding  on  said  city  during  the 
time  mentioned  in  said  agreement  and  said  ordinance. 

LITERARY  AND  OTHER  SIMILAR  CORPORATIONS 

Si-:(Tiox  2836.     Incorporation: 

Library  and  other  literary,  cliaritable  or  social  organizations  which 
ha\-e  no  capital  stock  and  are  not  organized  for  gain  may  be  incor- 
porated under  the  provisions  of  this  code. 

Sectio.x  2837.     Situs: 

Such  corporations  shall  be  held  to  have  legal  residence  in  the  county 
granting  the  order  of  incorporation. 

Section  2838.     Change  of  situs: 

Legal  residence  mav  he  changed,  l)y  the  order  of  the  Superior 
Court. 

Section  2839.     Validity  of  contract,  etc.: 

All  contracts  made  with  said  corporations  shall  be  legal  and  valid, 
and  may  be  enforced  as  if  with  an  individual. 

Section  2840.     Charitable  trusts : 

Said  corporations  now  created  or  hereafter  created  pursuant  to  the 
provisions  of  this  article  are  authorized  to  act  in  their  corporate 
capacity  as  trustee  to  administer  or  carry  into  effect  any  charitable 
trust  heretofore  or  hereafter  created  by  deed  or  by  will  which  is 
consistent  witli  the  objects  of  the  corporate  existence. 

EXEMPTION  FROM  TAXATION 

The  Code.  Section  998,  exempts  from  taxation  the  following  descrilied 
property;  viz.,  all  real  and  personal  estate  of  any  public  lil)rary. 
and  that  of  anv  other  literarv  association  used  bv  or  connected  with 
such  library. 

Note:  The  foregoing  is  based  on  the  constitution  of  Georgia  as 
follows : 

Code  6554,  part  2:  The  general  assembly  may  by  law  exempt 
from  taxation  all  public  libraries  *  *  *  the  real  and  personal 
estate  of  any  public  library  or  that  of  any  other  literary  society  used 
bv  or  connected  with  such  librarv     *     *     * 


54 


Hawaii — 1 

HAWAII 

PUBLIC  LIBRARIES 

Laws  of  the  Territory  of  Hawaii,  1907.  Page  105 

Aci  81  :     Act  to  establish  a  Hawaiian  Lil)rarv  anil  provide   for  its 
care  and  management. 

SiccTioA"  1.     Trustees: 

Provides  ])oard  of  trustees  of  three  members,  residents  of  the  ter- 
ritory of  Hawaii,  to  serve  for  three  years,  one  term  exiiiring  eacli 
year. 

Shctiox  2.     Xn  Compensation: 

To  serve  without  pa\',  all  cx])enses  paid. 

Sectiox  3.     Trustees'  duties: 

To  care  for  and  control  all  library  property  of  the  territory  for  use 
or  a  free  library;  to  acquire,  arrange,  classifv  and  catalo£^"  books; 
to  expend  monies  appropriated  by  the  legislature:  to  provide  means 
for  i)lacing  library  within  reach  of  all  residents  of  the  territory, 
particularly  school  children:  to  make  regulations;  to  have  all  power 
necessarv  for  foregoing  duties. 

Section  4.     Power  of  trustees : 

Shall  ha\e  ])o\ver  to  make  agreements,  but  not  empowered  to  obli- 
gate the  territory  financially  in  any  sum  not  appropriated  by  the 
legislature  for  the  use  of  the  library. 

Sectiox  S.     Reports: 

Trustees  shall  report  annualK   to  the  governor. 

F.XFAII'TIDX  FROAI  TAXATTOX 

Laws  of  ttiic  Ti:rritorv  of  I1.\w.\[i.  1'*1,\  Act  146 
Sectiox   1.      Rxemption  from  taxation: 

Provides  among  other  things  that  all  ])ropertv  both  real  and  ]icr- 
sonal  of  ])ublic  librar\-  associations  sbrdl  be  e\em]it   from  taxation. 


Idaho — 1 
IDAHO 

STATIC  LIBRARY  COMMISSION 

Laws,  1911,  Chaptkk  159 

Ski  Tiox  174.     Afenibers: 

Attorney  general,  secretary  of  state,  state  superintendent  of  public 
instruction,  president  of  the  State  University,  exofficio,  constitute 
state  library  commission.  Attorney  general,  chairman;  state  sup- 
erintendent, secretary. 

Section  175.     Traveling  libraries: 

Said  commission  shall  have  management  of  travehng  lil;)raries.  shall 
make  rules  governing  their  use,  shall  cause  said  traveling  books 
lo  be  distributed  throughout  the  state,  shall  have  power  to  employ 
a  lil)rarian,  and  define  his  duties,  shall  co-operate  with  the  manage- 
ment of  ])ul)lic  schools,  and  other  free  libraries  and  adopt  means  to 
|)rMmote  their  establishment,  mav  receive  donations  for  l)enefit  of 
trax'eling  libraries,  title  to  which  shall  vest  in  state,  shall  rciiort  an- 
nuallv  to  the  governor. 

Skctiux  \7().     Duties  of  commission.      Report: 

Secretary  of  commission  shall  keep  report  of  proceedings  and  amount 
of  expenses,  chairman  of  commission  may  issue  certificates  coun- 
tersigned by  secretary  for  claims  against  commission,  which  claims 
approved  by  the  board  of  examiners,  shall  be  ]iaid  bv  warrants, 
drawn  upon  ihe  fund  of  the  state  treasury  pnn'ided  for  such  pur- 
pose. 

L.\ws,  1913,  C'liAi'Ti'.K  77 

Siccnox   1.      State  I'oard  of  Education  created: 

r.e  it  enacted  "That  for  the  supervision,  government  and  control 
of  all  state  educational  institutions  of  this  state,  to-wil :  the  I'ni- 

\ersitv    of    Idaho and    for    the   general    suitervision, 

governmenl  and  control  of  an\-  other  such  state  educational  in- 
stitutions, as  mav  now  or  hereafter  be  founded,  and  further,  for 
the  general  su])ervision,  government  and  control  of  the  i)ul)lic 
.schools  ol  ilie  state,  a  state  board  of  education,  which  shall  also 
constitute  the  board  of  regents  of  the  University  of  Idaho,  is  hereby 
created  and  established,  to  be  known  as  the  State  Hoard  of  iMluca- 
tion  and  !'.o;ird  of  Regents  of  the  University  of  Idaho." 

SiaTio.s'  2.      A])])ointment  of  members  b\-  the  (".oxermir. 

Section  7.  LntniuTates  certain  sjiecial  duties  of  .St.atc  Hoard  of 
Education,  among  them  the  control  of  the  state  library  com- 
mission   fparagrai)h  C)). 

S7 


Idaho — 2 

Acting' through  its  own  executive  officers  the  state  board  of  edu- 
cation and  the  board  of  regents  of  the  University  of  Idaho  shall, 
.  .  .  supervise,  govern  and  direct  the  state  library  commis- 
sion and  adopt  such  regulations  for  its  administration  as  may  con- 
tribute to  its  efficiency  in  the  service  of  the  people  and  in  promoting 
the  educational  welfare  of  the  state.       (Paragraph  6  verbatim) 

Section  9.     All  acts  and  parts  of  acts  in  conflict  with  the  provisions 
of  this  act  are  hereby  repealed.  (Verbatim) 

PUBLIC  LIBRARIES 
Laws,  IQll,  Chapter  159 
Section  177.     Establishment.     Maintenance: 

Common  council  in  every  city  or  village  shall  have  power  to  estab- 
lish public  library  and  reading  rooms  for  such  purpose,  to  levy 
annually  a  tax,  not  exceeding  one  mill  on  the  dollar,  to  form  library 
fund  separate  and  apart  to  be  used  exclusively  for  purchase  of 
books  and  for  whatever  is  required  for  the  maintenance  of  such 
library  and  reading  rooms. 

Section  178.     School  district  library: 

Gives  trustees  of  school  district  in  which  is  situated  no  incorporated 
town  or  village,  on  petition  of  twenty  electors  the  right  to  hold 
an  election  upon  the  establishment  of  a  library,  and  prescribes  the 
manner.  Having  a  majority  vote  in  favor  of  establishing  a  library 
the  trustees  have  authority  to  levy  annually  a  tax  not  exceeding  one 
mill  on  the  dollar  for  the  establishment  of  such  library.  Boards 
of  school  trustees  acting  under  the  provisions  of  this  section,  per- 
form the  same  duties  and  have  same  authority  granted  to  common 
council  by  provisions  of  this  chapter  under  like  conditions. 

Section  179.     Directors  of  city  or  village  library: 

Council  of  city  or  village  shall  appoint  five  directors,  citizens,  not 
more  than  one  being  a  member  of  the  council.  At  the  first  appoint- 
ment, two  directors  shall  be  appointed  for  one  year,  two  for  two 
years  and  one  for  three  years,  thereafter  the  appointments  being  for 
three  years  except  those  to  complete  unexpired  terms. 

Section  180.     Organization.     Duties.     Powers: 

Directors  shall  organize  by  the  election  of  a  president  and  such 
other  officers  as  they  deem  necessary,  shall  make  rules  for  their  own 
guidance  and  for  the  government  of  the  library,  shall  have  exclu- 
sive control  of  all  monies  and  the  custody  of  all  property,  vouchers 
authenticated  by  the  directors  shall  be  paid  from  the  treasury,  may 
with  the  approval  of  the  council,  lease  or  buy  land  and  erect  l)uild- 

58 


Idaho — 3 

ings.  provided  that  not  more  than  one-half  of  their  income  be  used 
in  this  way.  may  appoint  Hlirarian  and  assistants. 

Section  181.     Libraries  free: 

Libraries  and  reading"  rooms  so  established  shall  be  forever  free 
for  the  use  of  all  inhabitants  of  the  district,  using  them  subject  to 
reasonable  rules  prescribed  by  the  board. 

Section  182.     Reports: 

Directors  shall  make  an  annual  itemized  report  to  the  State  library 
commission  as  to  funds,  purchases  and  the  condition  of  the  library 
and  the  work  of  the  year. 

Section  183.     Donations: 

Donors  shall  have  the  right  to  vest  title  to  gifts  in  the  board  of  direc- 
tors and  the  directors  shall  be  held  special  trustees  of  such  property. 

Section  184.     Existing  libraries: 

Council  may  levy  a  tax  for  the  support  of  any  library  belonging  to 
a  library  association  already  existing,  provided  it  becomes  a  free 
public  library  without  change  in  the  organization  of  the  library 
association.  A  sum  so  raised  shall  ])e  paid  to  the  officer  duly  auth- 
orized to  receive  same  and  be  under  the  control  of  the  library  asso- 
ciation, provided  that,  if  at  any  time  the  library  association  ceases 
to  exist  or  fails  to  provide  a  free  circulating  library,  the  property 
accumulated  under  the  pro\ision  of  this  law  reverts  to  the  city  or 
\illage. 

Note:  The  foregoing  re-enacted  in  1911,  the  provisions  of  the 
code,  published  in  1908,  without  any  important  change. 


59 


1  I.I.I  NOIS 1 

ILLINOIS 

ST.VTl'.  l.ll',kAR>' 

Reviski)  ST.\TrTi:s.   1S43.   1'a(;k  340 

Section  2.     Kslalilishment : 

The  books  now  helonqing-  to  the  state  and  such  as  shall  he  here- 
after inirchased  or  received  by  the  state,  except  the  law  hooks  now 
in  the  custody  of  the  clerk  of  the  supreme  court,  shall  he  kept  in  the 
office  of  the  secretary  of  state,  shall  conijiose  the  state  lihrarv. 

IlrKD's  Ri-;\-isi-:n  ST.\TrT]:s.  l''l.\  ("iiai'ti:r  128 

Section   1.     Commissioners: 

Goyernor,  secretary  of  state  and  superintendent  of  public  instriic- 
tion  shall  constitute  board  of  commissioners  for  the  management 
of  the  state  librarw  of  which  hoard  the  .^-overnor  shall  be  presi- 
dent. 

Sectio.v  2.     Powers  of  commissioners: 

Said  commissioners  shall  have  power  to  make  and  carry  into  eft'ect 
all  such  rules  and  regulations  for  the  care,  arrano,-ement  and  use 
of  the  hooks,  mans,  charts,  papers  and  furniture  of  the  state  librar}' 
as  thev  ma\'  deem  i)roiK'r. 

Sectio.x  o.      Librarian: 

The  secretary  of  state  shall  he  li])rarian,  and  shall  have  custody  and 
chars^^e  of  all  books,  maps,  charts,  ])a])ers  .md  otlier  thin^-s  l)elon_i^in£;" 

to  the  state  lihrarw  or  directed  to  l)e  deitosited  therein. 

Sk(  rio.\   4.      Catalogue.      Report: 

Librarian  shall  |)rei)are  complete  al])hahetical  cataloQ^ue  of  the 
library.  numl)er  the  hooks  therein,  and  rei)ort  same  to  the  commis- 
sioners, who  shrdl  cause  the  -^ame  to  be  published  for  the  use  of  the 
library. 

Si:(Tiox  .T.      Looks  labeled: 

Lil)rarian  •-hall  ha\e  all  books  lal)eled  and  mimbered. 

Section  (>.      Who  entitled  to  u.se  library: 

Books  may  be  drawn  by  General  .A.ssenibl\   during;-  leyislative  ses- 
sions; at  any  time  by  g^overnor  and  officers  of  the  executive  depart 
nient  of  the  stale,  and  the  justices  of  the  sui)reme  court.     No  per- 
son mriv  draw  hook  without  executing"  reccij)!  therefor,  nor  retain 
more  than  two  volumes  of  miscellaneous  works  ;it  .nnv  one  time. 

Si".('i"iox  7.      Res'istrv  of  books  taken  and  returned: 

Librarian  must  kee])  re.^istrx  of  books  taken  and  returned.  .\11 
books  must  be  returned  at  close  of  legislative  session. 

61 


Illinois — 2 

Section  8.     Failure  to  return  books.    Deduction  from  pay: 

Any  person  failing  to  return  a  hook  within  time  prescribed,  or  who 
injures  the  same,  shall  forfeit  and  pay  to  the  librarian,  for  the  bene- 
fit of  the  library,  three  times  the  value  of  such  book,  or  of  the  set 
to  which  it  belongs;  and  before  the  auditor  shall  issue  his  warrant 
in  favor  of  any  member  or  officer  of  the  General  Assembly  for  his 
services  during  the  session,  he  shall  be  satisfied  that  such  member 
or  officer  has  returned  all  books  taken  out  of  the  library  by  him,  and 
has  settled  all  accounts  for  injuring  such  books  or  otherwise. 

Section  9.     Fines.     Evidence: 

All  fines  and  forfeitures  accruing  under  and  bv  virtue  of  this  act. 
or  for  the  violation  of  any  of  the  rules  adopted  by  the  library  com- 
missioners, shall  be  recoverable  by  action  of  debt  before  any  justice 
of  the  peace  or  court  having  jurisdiction  of  the  same,  and  all  such 
fines  and  forfeitures  recoA-ered  shall  be  expended  for  the  library. 

ILLINOIS  LIBRARY  EXTENSION  COMMISSION 

Section   10.     Term  of  office.     No    compensation.      Traveling    ex- 
penses : 

That  the  commissioners  of  the  state  library  be  and  they  are  herebv 
authorized  and  empowered  to  appoint  two  persons  who,  together 
with  the  State  Librarian,  shall  constitute  a  board  to  be  known  as 
the  "Illinois  Library  Extension  Commission"  of  which  the  State 
Librarian  shall  be  ex-officio  chairman. 

The  length  of  the  term  of  office  of  the  appointive  members  of  such 
commission  shall  be  for  two  years  and  until  their  successors  are 
appointed  and  (|ualified,  the  first  term  beginning  on  the  first  day 
of  July,  190*);  but  of  the  two  appointed  in  the  first  instance  one 
shall  be  appointed  for  one  vear,  and  one  for  two  years,  and  there- 
after one  member  shall  1)e  apjwinted  each  year.  No  member  of 
such  commission  shall  be  compensated  for  his  services,  but  the 
traveling  expenses  of  members  in  attending  meetings  of  the  com- 
mission or  estaljlishing  Iil)rarios,  and  other  incidental  and  necessary 
expenses  connected  with  the  work  of  the  commission  shall  be  paid. 

(Verbatim) 

Section     11.     Duty    of    commission.     Appoint    library    organizer. 
Duties  of  organizer: 

The  Library  Extension  Commission  shall  give  advice  and  informa- 
tion to  the  librarian  or  trustees  of  any  existing  public  library,  or 
to  any  person  or  community  interested  in  starting  a  new  public 
library,  concerning  the  organization,  maintenance,  or  administra- 
tion of  said  library  and  it  shall  appoint  a  lil)rarv  organizer,  one  of 
whose  duties  shall  l)e  to  furnish  sucli  advice  and  information.  Such 
library  organizer  shall  keep  informed  of  the  condition,  scope  and 
methods  of  work  of  the  various  public  libraries  of  the  State,  visit- 

62 


Ii,r.i\o:s — 3 

ins^^  the  same  as  occasion  may  re(|uire,  shall  assist  as  far  as  practic- 
able in  promoting-  and  starting-  new  libraries,  and  at  the  end  of  each 
fiscal  vear  shall  make  a  rejxirt  of  the  g^eneral  lil)rarv  conditions  in 
ihe   State  to   the   I.ilirarv   I*".xtension   Commission.      (\'erl)atim) 

TRA^'ETJ  XG  LTRRARIES 

Sectiox  12.     Under  control  of  ]i]:)rarv  extension  commission: 

The  commission  shall  operate  traveling-  libraries  specially  given  or 
boug-ht  for  sucli  i)ur]xise,  and  loan  stich  libraries  to  an\-  li])rarv  in 
the  State,  or  to  anv  communitv  or  organization  not  vet  having  an 
established  library,  nnder  snch  conditions  and  regulations  as  it 
shall  prescribe.  And  said  commission  shall,  from  time  to  time,  so 
send  out  and  distribute  snch  books  throughout  the  State,  and  at 
suitable  intervals  change  such  distributions,  in  such  a  manner  as 
to  secure  to  the  g-reatest  practical  degree  the  use  and  enjoyment  of 
such  books  to  the  i^eoplc  of  the  entire  State.  The  commission  may 
also  conduct  a  clearing  house  for  periodicals  for  free  gift  to  local 
libraries,  and  perform  svtch  other  public  service  as  may  seem  to 
it  for  the  best  interests  of  the  State.  Said  Library  Extension  Com- 
mission shall  receive  the  advice  and  counsel  of  the  State  Library 
Commission,  and  shall  be  under  its  control.  (Verbatim) 

JOINT  LEGISLATIVE  REEEREXCE  BUREAU 

IlrRn's  Rkvisrd  Statutes,  1013,  CiiArTER  63 

Section  32.  Thai  there  be  and  is  hereby  established  a  ioinl  legisla- 
tive reference  bureau  composed  of  the  Governor,  the  chairman  of 
the  committees  on  appropriations  of  the  Senate  and  of  the  House. 
the  chairmen  of  the  committees  on  judiciary  of  the  Senate  and  of 
the  House.  The  Governor  shall  be  ex-ofificio  chairman  of  said  ref- 
erence bureau.  (Verbatim) 

Section  3)^.      Terms  of  office: 

The  Governor  shall  serve  as  a  member  of  said  reference  Inireau 
during  the  term  of  ofiice  for  which  he  shall  have  been  elected,  and 
those  members  serving  on  said  reference  bureau  by  virtue  of  being- 
chairmen  of  committees  of  either  House  shall  serve  until  the  con 
\ening  of  the  next  General  Assembly  after  their  appointment. 

Skctiox  34.     Meeting-.      Xo  compensation.      Expenses: 

The  said  reference  bureau  shall  meet  during  the  regular  and  si)e- 
cial  sessions  of  the  (ieneral  .\ssembly  and  during  the  intervals  be- 
tween the  regular  sessions,  and  at  such  times  and  places  as  il  mav 
determine.  The  members  of  the  bureau  shall  receive  no  comi)ensa- 
tion  for  their  services  as  members  thereof,  but  shall  be  allowed 
their  actual  and  necessarv  exiteuses  inciu-red  in  the  pcrformai-ice  of 

63 


Illinois — 4 

their  oiificial  duties  out  of  anv  monev  appropriated  for  the  use  of 
the  said  reference  bureau. 

Section  35.     Secretary  and  Employes.     Salary: 

The  said  reference  bureau  shall  appoint  a  secretary,  who  shall  de- 
vote his  entire  time  to  the  duties  of  his  ofifice  and  shall  follow  no 
other  g^ainful  profession,  occupation  or  emjiloyment.  The  refer- 
ence bureau  shall  also  appoint  such  other  officers,  ag'ents  and  em- 
ployes as  may  be  necessary  to  carry  out  the  provisions  of  this  act, 
and  shall  fix  the  compensation  of  each  of  its  appointees:  Provides, 
the  salary  of  the  secretary  be  fixed  at  a  sum  not  to  exceed  five 
thousand  dollars  ($5,000)  per  annum. 

Section  36.     Duties  of  bureau: 

It  shall  be  the  duty  of  said  reference  bureau: 

(a)  To  establish  in  the  State  Capitol  a  reference  bureau,  which 
shall  be  open  daily,  exceptin.s:  Sundays  and  le.a:al  holidays,  in  which 
shall  be  collected  and  kept,  in  such  manner  as  may  make  the  same 
readily  accessible,  such  laws,  reports,  books,  periodicals,  documents, 
catalogues,  check-lists,  digests,  summaries  of  the  laws  of  other 
states  upon  current  legislation,  and  such  other  jirinted  or  written 
matter  as  ma}'  aid  the  members  of  the  General  Assembly  in  the 
performance  of  their  official  duties. 

(b)  The  reference  bureau  shall  collect,  catalogue,  classify,  index, 
completely  digest,  topically  index,  check,  list  and  summarize  all 
bills,  memorials,  resolutions  and  orders,  as  well  as  substitutes  and 
amendments  and  changes,  if  any,  introduced  in  each  branch  of  the 
General  Assenibl}"  *  *  *  .  furnish  copies  of  the  digest 
*  *  *  tQ  gj^cl-,  niember  of  the  General  Assembly  on  Monday  of 
each  week  diu-ing  the  session  of  the  General  Assembly. 

(c)  The  said  reference  bureau  shall  afford  to  any  member  of  the 
General  Assembly,  upon  his  request,  such  legal  assistance  and  in- 
formation as  may  be  practicable  in  the  preparation  of  l)ills, 
memorials,  resolutions     *     *     * 

(d)  To  cause  to  be  prepared,  printed  and  distributed  for  the  use 
of  the  members  of  the  General  Assembly,  a  detailed  1)udget  of  the 
appropriations  which  the  officers  of  the  several  departments  of 
the  State  Go\'ernment  report  to  it  are  required  for  their  several 
departments  for  the  bienniuni  for  which  appropriations  are  to  be 
made  by  the  next  General  Assembly,  together  with  a  comparatiye 
statement  of  the  sums  appropriated  by  the  preceding  General 
Assembly  for  the  same  purposes. 

Section  37.     Duplicate  reports  of  appropriations  required  for  state 
departments. 

Section   38.     Office.     Supi)lies.     Secretary  of   State   shall   proyide 

64 


Illinois — 5 

said  bureau  with  suital)le  ofliccs  in  State  Caiiilnl,  also  jirovide  neces- 
sai"}'  turnilurc,  stationery  and  supplies. 

Section  39.     Co-oi^eration  of  state  library: 

The  board  of  commissioners  for  the  management  of  the  State 
Library  shall  co-operate  with  the  said  reference  bureau  and  sli.dl 
make  the  facilities  of  said  library  accessible,  so  far  as  practicable. 
for  the  use  of  said  reference  bureau,  and  are  hereby  authorized  to 
loan  to  said  reference  bureau  any  books,  periodicals,  documents, 
reports  or  other  printed  or  written  matter  belon^'ing-  to  said  library. 

Section  40.     Expen'-"es  how  paid : 

All  projier  expenses  incurred  by  said  reference  bureau  shall  be  paid 
out  of  the  appropriations  made  for  its  use  upon  itemized  youchcrs, 
drawn  b\-  the  secretary  and  apjiroycd  by  the  Goyernor. 

STATE  HISTORICAL  LIBRARY  AND  NATURAL  HISTORY 

MUSEUM 
IIurd's  REyisEi)  Statutes,  1913,  Chapter  127  d. 

Section  1.     Establishment: 

There  is  hereby  established  at  the  cai)ital  of  the  state  a  state  his- 
torical library  and  cabinet  of  natural  history  to  be  known  as  "The 
Illinois  State  Historical  Library  and  Natural  History  Museum." 
(Original  act  was  passed  1877). 

Section  2.     Rooms: 

Rooms  in  state  bouse  set  aj^art  for  the  state  library  and  museuuL 

Section  3.     Manag^ement.     Trustees: 

Library  and  museum  to  be  under  the  manag'ement  of  three  trustees, 
consislinti'  of  the  tjoyernor.  secretary  of  state  and  suiierintendent 
of  i)ublic  instruction,  who  shall  haye  power  to  make  such  rules  and 
regulations  as  necessary  for  its  management. 

Section  4.     Curator.     Salary: 

Said  trustees  to  ai)i)oint  a  curator,  a  i)erson  of  comi)etent  scientific 
attainments  and  who  shall  possess  a  practical  knowledge  of  the 
science  of  geology.  Curator's  salary  to  be  three  thousand  dollars 
per  annum. 

Sectio.x  5.     Curator  to  act  as  librarian: 

Curator  shall  act  as  librarian  and  haye  custodv,  superintendence 
and  charge  of  all  articles  directed  to  be  de])osited  in  said  library  and 
museum,  and  also  (perform  the  acts  which  are  or  may  be  rei|uircd 
))y  law  of  the  state  geologist. 

Sections  6-11  relate  to  the  nuiseuuL 

65 


Illinois — 6 
STATE  HISTORICAL  SOCIETY 

Section  12.  'Tllinois  State  Historical  Library"  established  at  capi- 
tal of  the  state.     (Original  act  was  passed  1889). 

Section  13.     Room  in  state  house  set  apart  for  lil^rary. 

Section  14.  Trustees.  Aopointment.  Terms.  No  compensation: 
Three  trustees  well  versed  in  the  history  of  the  state,  qualified  by 
habit  and  disposition  to  discharg'e  the  duties  of  their  otiice,  to  be 
appointed  by  the  g'oyernor,  with  consent  of  the  senate.  Term  two 
years  and  until  their  successors  have  been  appointed  and  commis- 
sioned. To  receive  no  compensation,  except  actual  expenses  while 
in  discharge  of  their  oflicial  duties,  to  be  paid  ui)on  itemized  ac- 
counts approved  by  the  governor. 

Section  15.     Powers  of  trustees: 

Shall  have  power  and  are  required  to  make  all  necessary  rules  and 
by-laws  to  carry  into  etTect  the  purposes  of  this  act,  and  to  procure 
from  time  to  time,  as  may  be  possible  and  practicable,  at  reasonable 
cost,  all  books,  pamphlets  *  *  *  j^j-^j  other  material  of  his- 
torical interest  and  useful  to  the  historian  bearing  upon  the  politi- 
cal, physical,  religious  or  social  history  of  the  state  of  Illinois  from 
the  earliest  known  jieriod  of  time.  They  shall  also  have  power  to 
select  a  librarian,  whose  salary  shall  be  two  thousand  dollars 
($2,000)  per  annum. 

Skction  16.     Makes  appropriation  of  $2,500. 

Section  16  a.     Illinois  State  Historical  Society: 

The  Illinois  State  Historical  Society,  already  existing,  is  declared 
a  department  of  the  Illinois  State  Historical  Library,  and  the  trus- 
tees of  said  library  are  authorized  to  pay  for  the  necessary  station- 
ery, postage  and  other  incidental  expenses  of  the  said  society,  out 
of  any  fund  appropriated  to  said  library  bv  the  legislature  for  sucii 
purposes;  and  also  to  i)ay  the  expense  of  interviewing  old  settlers 
of  Illinois,  examining  countv,  church,  school  and  the  like  records, 
at  the  discretion  of  the  trustees  of  said  library,  and  the  auditing  of 
the  accounts  which  shall  be  subject  to  the  ai^proval  of  the  governor. 
And  provided,  further,  that  all  such  material  shall  be  the  property 
of  the  said  Illinois  State  Historical  Library  and  shall  l)e  deposited 
among  its  archives  for  reference  and  safe-keeping. 

Sections  17-19.     Records,  etc..  to  be  deposited: 

Pemit  counties,  towns,  cities,  villages,  to  transfer  to  the  said  society, 
state  library,  or  to  the  state  university  library  at  Urbana,  records 
and  papers  of  historical  interest,  and  to  make  reasonable  appropria- 
tions for  the  purpose  of  carrying  this  act  into  effect. 

66 


Illinois — 7 

FREE  PUBLIC  LIBRARIES 
Revised  Statutes  of  1913,  Chapter  81 
(Includes  the  original  acts  of  1913) 
Section  1 : 

Council  of  each  incorporated  city  shall  have  power  to  establish  a 
public  library  and  reading"  room  and  to  levy  a  tax  not  to  exceed 
two  mills  on  a  dollar  annually,  provided  that  in  cities  of  over  one 
hundred  thousand  inhabitants  after  1896,  such  tax  shall  not  exceed 
one  mill  on  the  dollar  annually,  provided  that  said  annual  lil)rary 
tax  in  cities  of  over  fifteen  hundred  inhabitants  shall  not  be  included 
in  the  amount  of  taxes  as  limited  by  section  1,  article  8  for  the  in- 
corporation of  cities  and  villages,  approved  April  10,  1872,  or  any 
provision  of  any  special  charter.      (As  amended  1915). 

Section  2:     Directors: 

When  any  city  council  has  decided  to  establish  a  library  the  mayor 
shall,  with  the  api)roval  of  the  council  appoint  a  board  of  nine  citi- 
zens as  directors,  not  more  than  one  member  of  the  council  shall 
at  anv  time  be  a  member  of  the  board. 

Section  3.     Term  of  office: 

The  first  appointment  shall  be  one-third   for  one  year,  one-third 
for  two  years  and  one-third  for  three  years  and  thereafter  all  ap 
pointmcnts  for  three  years.     JMayor  may  with  consent  nf  council 
remove  any  director  for  misconduct  or  neglect. 

Section  4.     \"acancies.     No  compensation : 

Vacancies  by  removal,  etc.,  .shall  be  lilU'd  in  like  manner  as  original 
appointments.     No  director  shall  recei\c  compensation  as  such. 

Section  5.     Organization.      Powers  and  Duties: 

Directors  shall  organize  In-  election  of  officers,  shall  adoi)t  rules 
for  lioard  and  for  library,  and  shall  have  exclusive  control  of  ex- 
penditures, construction  of  anv  librarv  building,  suijcrvision  ol 
rooms  or  buildings  leased  or  built  for  library. 
It  shall  be  the  duty  of  the  directors  of  such  public  lil)rar\-,  ;ninnallv 
and  at  least  three  weeks  prior  to  the  i)assage  of  the  anniud  lax  levy 
ordinance  by  any  such  city,  incorporated  town  or  townshi]),  to  make 
written  recommendation  to  the  officers  of  .such  city,  incorporated 
town  or  townshi])  as  to  the  financial  requirements  of  any  .such  pul> 
lic  library  and  the  rate  of  tax  which,  in  the  judgment  of  said  direc- 
tors, it  will  be  necessary  to  levy  for  lil)rary  puri)oses:  Pro\i(lcd. 
that  all  moneys  received  for  such  library  shall  be  deposilnl  in  ihe 
treasury  of  said  city  to  the  credit  of  the  library  fund,  and  shall  be 
kept  separate  and  apart  from  other  moneys  of  such  citv,  and  drawn 
upon  by  the  pro])er  officers  of  said  librarv.  upon  ihe  properly  auth- 

67 


Illinois — 8 

enticated  vouchers  of  the  hbrary  board.  Said  board  shall  have 
power  to  purchase  or  lease  grounds  to  occupy,  lease,  or  erect  an 
appropriate  buildino-  or  bviildings  for  the  use  of  said  library,  shall 
have  power  to  appoint  a  suitable  librarian  and  necessary  assistants, 
and  fix  their  coiui)ensalion,  and  shall  also  have  power  to  remove 
such  appointees,  and  shall,  in  general,  carry  out  the  spirit  and  m- 
tent  of  this  act,  in  establishing-  and  maintaining  a  public  library 
and  reading"  room.  (As  amended  1915). 
Section  6.     Library  free: 

Library  shall  be  forever  free  to  inhabitants  of  the  city,  subject  to 
the  rules  of  the  board. 

Section  7.     Report : 

Directors  shall  report  annuallv  in  June  to  the  city  council. 

Section  8.     Penalties: 

Council  shall  have  power  to  pass  ordinances  imposing  penalties  for 
mjury  to  library  property  and  for  failure  to  return  library  books. 

Section  9.     Gifts: 

Donors  shall  have  the  right  to  vest  for  the  benefit  of  the  library, 
g-ifts  in  the  board  of  directors,  who  shall  lie  held  special  trustees. 

Section  10.     \'()te  on  establishment: 

Provides  that  on  the  petition  of  fifty  electors  in  any  incorporated 
town,  village  or  township,  an  election  shall  be  held  on  the  question 
of  establishing  a  library  and  levying  a  tax  not  to  exceed  two  mills 
on  the  dollar,  provides  that  such  tax  mav  cease  when  so  voted  by 
the  electors  at  anv  general  or  special  election. 

Section  11.     Directors: 

Pro\ides  that  after  anv  incorporated  town,  village  or  township 
has  voted,  as  provided  in  section  10,  for  the  estaljlishment  of  a 
library  at  the  next  regular  election  or  at  a  special  election,  a  library 
board  of  six  directors  shall  be  elected;  at  the  first  election,  one- 
third  for  one  year,  one-third  for  two  years  and  one-third  for  three 
years,  thereafter  for  three  years. 

Section  12.     Chicago  library: 

An  emergencv  measure  to  provide  for  the  housing  of  the  Chicago 

librarv  after  the  fire. 

Section  13.     P>onds  for  building: 

Provides  for  the  is'-ue  of  bonds  For  the  erection  of  librar\-  build- 
ings. 

Section  14.     P>uilding: 

Provide'^  for  'he  erection  of  the  library  building  and  aho  for  the 
investment  of  fimds  in  case  of  delav. 

68 


Illinois — 9 
SiiCTiox  15.     Contract: 

Provides  manner  of  letting-  the  contract. 

Section  Kx     Right  to  rent  and  mortgage: 

Gives  the  rigiit  to  erect  a  Imilding,  a  portion  of  which  may  he 
rented,  to  Ijorrow  money  and  to  issue  and  execute  a  mortgage. 

SiccTiox  17.      IJhrary  associations: 

Provides  a  method  hy  whicli  directors  of  lihrary  associations  may 
sell  their  property  to  pulilic  lihraries. 

Section  18.     Same: 

Provides  manner  of  making-  the  conveyance. 

Section   19.     Chicago  Lil)rary: 

With  its  preamhle,  ])rovides  for  the  erection  of  the  Chicago  Puhhc 
Lihrary  on  I)earl)orn  Park. 

Section  20.     Same: 

Provides  for  the  sale  hv  Soldiers'  Home  in  Chicago  to  the  Pul)lie 
Library  of  some  land  in  Dearborn  Park. 

Section  21.     Trustees  may   incorporate  to  administer  be(|uests   or 
gifts : 
In  case  of  bequests  for  the  establishment  of  a  library,  it  shall  be 
lawful  for  the  trustees  of  ihe  bef|uesl   to  form  a  cor])nration  for 
that  purpose. 

Sectfo-v  22.     Organization.     Purposes: 

The  trustees  of  the  bequest  shall  file  at  the  office  of  the  secretary 
of  state,  a  statement  of  their  intent  to  form  such  a  corporation,  a 
copy  of  the  will  by  which  the  lil)rary  is  endowed,  the  name  proposed, 
the  city,  village  or  town  in  which  it  is  to  he  located,  the  number  and 
names  of  the  trustees  forming  the  corporation. 

Section  23.     Same: 

Upon  the  filing  of  such  a  statement  the  secretary  of  state  shall  issue 
to  the  incorporators  a  cerlilicate  which  the  incorporators  shall 
cause  to  be  recorded  in  the  ofiice  of  the  Recorder  of  Deeds  of  the 
County,  and  thereu])on  the  corporation  shall  l)e  deemed  organized 
and  proceed  to  carry  out  ils  corporate  purposes. 

Section  24.     Same: 

Organizations  under  this  act  shall  be  liodies  corj)orate  and  politic, 
shall  have  the  ordinary  rights  and  incidents  of  corporations,  shall 
be  cajjable  of  holding  and  disi)osing  of  real  and  personal  estate, 
the  ])rovision  of  the  will  or  rleed  of  endowment  shall  be  part  of  ihe 
law  of  such  corporation,  such  trustees  shall  be  not  less  than  seven. 

69 


Illinois — 10 

nor  more  than  fifteen,  shall  elect  officers  from  their  number,  shall 
control  all  property  of  corporation,  may  accept  donations,  may  fill 
by  election  subject  to  the  approval  of  the  Chief  Justice  of  Illinois, 
vacancies  occurring"  in  their  own  number,  shall  make  by-laws  for 
the  management  of  the  corporation,  may  employ  such  assistants  as 
they  deem  necessary.  Whenever  by  the  provision  of  such  will  the 
institution  endowed  is  declared  free  and  public  the  property  of  such 
corporation  shall  be  exempt  from  taxation.  Such  corporation  shall 
annually  rcj^ort  to  the  Governor  of  the  state. 

Section  25.     John  Crerar  Library: 

With  its  preamble,  26,  27,  28  and  29  relate  to  the  John  Crerar 
Library. 

Section  30  to  33.     Libraries  in  Parks: 

Relate  to  securing  library  property  in  pulilic  parks. 

Section  34  to  42  inclusive.     Bonds  for  building: 

Give  public  libraries  the  right  to  borrow  money  by  the  issue  of 
bonds  for  the  purpose  of  erecting  library  buildings. 

Section  43  to  57  inclusive.     Pension  fund : 

Provide  for  the  esta1)lishment  of  a  pul)lic  liljrar}-  employee  pension 
fund. 

CHICAGO  PCBLIC  LIBRARY 

Laws,  1915.  Pace  275.  Hocse  Bill  No.  162 

An  act  to  consolidate  in  the  government  of  the  city  of  Chicasro  the 
powers  and  functions  now  vested  in  local  governments  and  authori- 
ties within  the  territory  of  said  citv  and  to  make  provisions  con- 
cerning the  same. 

Section  1.     Management  of  public  lil)rarv: 

The  citv  council  shall  have  full  power  to  manaee.  control,  main- 
tain, operate  and  extend  or  enlarge  the  public  library  of  the  city 
of  Chicago;  to  acquire,  bv  dedication,  gift,  lease,  contract,  purchase, 
or  condemnation,  propert}^  and  rights  necessarv  or  proper  for 
library  purposes ;  to  make  appropriations  and  tax  levies  and  issue 
bonds  for  such  purposes;  and  to  exercise  anv  and  all  powers  and 
rights  not  inconsistent  with  the  provisions  of  this  Act,  now  vested 
in  the  board  of  directors  of  said  lilirarv  under  the  laws  of  the  Stale 
relating  to  such  libraries. 

Section  2.     .Appropriations  and  bond  issues: 

All  ai)propriations  and  bond  issues  for  the  use  of  such  librarv  shall 
be  made  bv  the  city  coimcil.  in  accordance  with  the  general  provi- 
sions of  this  Act.     All  warrants  upon  which  anv  portion  of  said 

70 


Illinois — 11 

funds  is  to  be  paid  out  sliall  hear  the  siyuaturc  of  such  official  or 
officials  as  niav  lie  desiqnaled  by  the  city  council. 

Sectio.x  3.     W'iio  may  use  lif)rary: 

Such  lil)rary  shall  be  foreyer  free  to  the  use  of  the  inhabitants  of 
the  city  of  Chicago,  subject  to  such  reasonable  rules  and  res:ula- 
tions  as  the  city  council  may  adoirt  in  order  to  render  the  use  of  said 
library  of  the  greatest  benefit  to  the  greatest  number,  and  the  offi 
cial  or  officials  charged  with  the  goyernment  and  control  of  such 
library  may  exclude  from  the  use  of  such  library  any  and  all  per- 
sons who  shall  wilfully  yiolate  such  rules  and  regulations.  The 
city  council  may  extend  the  priyileges  and  use  of  such  library  to 
persons  residing  outside  of  such  city  in  this  State  upon  such  terms 
and  conditions  as  it  may  from  time  to  time,  by  ordinance,  pro- 
yide. 

Section  4.     Ordinances  imposing  penalties: 

The  cit}'  council  shall  haye  power  to  pass  ordinances  imposing  suit- 
able penalties  for  the  punishment  of  persons  committing  injury 
to  such  library  or  the  ground  or  other  property  thereof  and  for 
injury  to.  or  failure  to  return,  any  book  belonging  to  such  library. 
Such  ordinances  shall  be  published  in  the  newspaper  selected  as  the 
official  journal  of  the  city  and  may  be  printed  in  book  or  panijihlet 
form,  in  such  manner  as  the  city  coimcil  shall  direct,  and  all  rules 
framed  in  conformity  with  such  ordinances  shall  be  lirought  to  the 
notice  of  the  public  by  lieing  posted  in  conspicuous  places  in  such 
library  and  all  liranches  or  extensions  thereof. 

Section  5.     Donations: 

An\'  person  desiring  to  make  donations  of  money  or  other  jirojierty 
for  the  benefit  of  such  library  shall  haye  the  right  to  yest  the  title 
to  the  money  or  other  projicrty  so  donated  in  the  city  of  Chicago, 
in  trust  for  the  use  of  such  library,  to  be  held  and  controlled  by  said 
city,  when  accepted,  according  to  the  terms  of  the  gift,  devise  or 
liequest  of  such  property,  and  as  to  such  property  the  said  city  shall 
lie  held  and  considered  to  be  a  special  trustee. 

Sectio.x  6.     Pension  fund: 

Nothing  herein  contained  shall  in  any  way  affect  the  oiieration  or 
administration  of  an  Act  entitled,  "An  act  to  provide  for  the  forma- 
tion and  disbursement  of  a  pulilic  library  employees'  pension  fund 
in  cities  haxing  a  po))ulalion  exceeding  100,000  inhabitant.-.' 
ai^proved  May  12.  1005,  as  amended  by  Act  of  June  3.  1907:  Pro- 
vided, however,  that  the  board  of  trustees  of  the  said  pension  fund 
of  said  public  lilirary  created  by  said  .Act  shall  hereafter  consist  of 
five  (5)  nienibers,  two  of  wlmni  shall  be  em])loyees  contributing 
to  said  fund  and  three  of  wlmm  shall  be  ap]iointed  in  '^uch  manner 
as  the  city  council  may,  by  ordinance,  direct. 

71 


Illinois — 12 

-  NEWBERRY  PUBLIC  LIBRARY  IX  CHICAGO 

Kurd's  Revised  Statutes,  19L3,  Cltapter  105,  Parks 

Section  75.  Lincoln  Park  and  the  Newberry  Public  Library: 
The  commissioners  of  Lincoln  Park  shall  have  anthoritv  to  allow 
proper  and  suitable  building's  to  be  erected  in  said  park  at  a  place 
to  be  selected  by  them  for  the  use  of  such  library,  and  under  sucli 
reg'ulations  as  to  the  control  thereof  as  they  mav  determine,  con- 
sistent with  the  provisions  of  the  will  of  the  late  Walter  L.  New- 
berry. 


72 


Indiana — 1 
INDIANA 

STATE  LIBRARY 

Burn's  Annotated  Indiana  Statutes,  1914,  \'ol.  4 

Section  9289.     State  library  board: 

Management  and  control  of  the  state  library  shall  be  vested  in 
the  state  board  of  education,  which  shall  constitute  for  library  pur- 
poses a  state  library  board. 

Section  9290.     Librarian: 

State  library  board  shall  elect  a  state  librarian,  who  shall  serve 
until  his  successor  is  elected  by  the  said  board.  (That  is,  two  years; 
see  next  section ) . 

Section  9291.     Term.     Assistants,  etc. 

Term  of  office  of  state  librarian  shall  be  two  years.  He  shall 
appoint  assistants,  with  the  approval  of  the  board;  shall  ""ive  l)ond. 

.Section  9291  a.     Departments: 

State  librarv  shall  be  organized  into  the  following  departments: 
ofifice,  reference,  catalog,  Indiana  history  and  archives.  The  librar- 
ian shall  appoint  a  chief  of  each  (lci)artment,  and  all  necessary 
assistants,  and  fix  compensation,  with  ap])roval  of  board.  Any 
chief  or  assistant  may  be  removed  by  the  state  librarv  board  for 
cause. 

Section  9291  b.     Duties: 

Duties  of  office,  reference  and  cataloging  departments  shall  be  as 
defined  bv  law  or  the  rules  of  the  board.  De])artment  of  history 
and  archives  shall  have  care  of  official  archives,  of  colleclions  of 
historical  material,  diffusion  of  knowledge,  encouragement  of  his- 
torical work;  examination  and  classification  of  documents  and  rec- 
ords; co-operation  with  any  institutions  of  the  state. 

Section  9291  c.     Slate  documents,  etc. : 

y\ny  state  or  other  official  is  authorized  to  turn  over  to  the  state 
library  any  books,  rejiorts,  documents,  papers,  etc.,  not  in  current 
use. 

Si:ctio.\  0202.     Fixes  library  hours. 

Section  9293-9295.     State  documents,  etc. : 

Relate  to  state  journals,  papers  and  publications,  their  keejiing  and 
exchange. 

Section  9296.     Defines  responsibility  of  libr;irian. 

SicCTiON  9207.      I'roxidcs  for  loaning  books  of  the  librarv. 

77, 


Indiana — 2 

Section  9298.     Rules  and  regulations. 

Section  9299.     Fixes  salaries  of  librarian  and  of  assistants. 

Section  9300.     Report : 

Librarian  shall  report  at  each  session  of  the  legislature. 

Section  9301.     Removals: 

State  board  shall  have  power  to  remove  state  liljrarian  or  any 
assistant  for  cause. 

Section  9302.     Penalties: 

Provides  penalties  for  violation  of  this  law. 

Section  9303.     Repeals  all  previous  laws  relative  lu  the  stale  library. 

Sections  9304-9307.     State  publications: 

Provide  for  the  care  and  exchange  of  state  publications  and  legis- 
lative papers. 

Section  9308.     Embezzlement : 

Provides  for  punishment  of  the  librarian  if  he  shall  embezzle. 

Section  9309.     Missing  books : 

Requires  annual  report   from  the  librarian,  on  missing  books. 

Section-S  9310-9312.     See  Legislature  Reference  Bureau,  following 
this. 

Section  9313.     Report: 

Librarian  shall  report  at  each  session  of  the  legislature. 

Section  9314.     Removal: 

State  library  board  shall  have  power  to  remove  the  librarian. 

Sections  9315-9316.     Penalties: 

Provides  penalties  for  mutilation  of  and  injury  of  books. 

LEGISLATIVE  REFERENCE  BUREAU 
Burn's  Annotated  Indiana  Statutes,  1914  Vol.  4 
Section  9310.     Organization: 

There  shall  be  created  a  legislative  and  administrative  reference 
bureau,  which  shall  be  under  the  contml  of  the  board, — consisting 
of  the  governor,  state  librarian,  president  of  Indiana  university, 
president  of  Perdue  university,  and  one  additional  member  ap- 
pointed bv  the  governor  for  a  term  of  four  years. 

Section  9311.     Director: 

Tlie  board  shall  ai^iioint  a  director  of  the  bureau,  who  shall  have  a 

74 


Indiana — 3 

thorough  training  and  experience  in  the  principles  of  government 
and  poHtical  science,  constitutional  and  administrative  law,  and  in 
the  drafting"  of  statute  law.  The  salary  and  term  of  office  of  the 
director  shall  be  fixed  by  the  board.  The  director  and  any  assist- 
ant may  be  removed  for  cause  by  the  board. 

Section  9312.     Assistants.     Duties: 

Director  shall,  with  the  approval  of  the  board,  appoint  such  assist- 
ants, investigators  and  draftsmen  as  may  be  necessary,  and  fix 
their  compensation.  The  ])ureau  shall  gather  material  bearing  on 
legislation  and  administration,  for  the  use  of  the  legislature  and  state 
officers,  boards,  commissions  and  institutions.  It  shall  l)e  the  duty  of 
the  bureau  to  arrange  and  index  all  material  so  as  to  l)e  most  readily 
used.  It  shall  obtain  and  furnish  to  members  of  the  general  assem- 
bly, officers,  boards  or  commissions,  any  data  available  regarding 
the  laws  of  this  and  other  states  and  the  workings  and  administra- 
tion of  laws,  together  with  references  to  jvidicial  decisions  and  in- 
terpretation upon  such  laws.  It  shall  be  prepared  to  furnish  to  mem- 
bers of  the  general  assemlily.  and  under  their  instruction,  such 
assistance  as  may  be  demanded  in  the  preparation  and  drafting  of 
legislative  bills.  The  bureau  is  authorized  to  collect  material  on 
municipal  laws  and  administration  and  to  furnish  to  the  officials 
of  any  municipality  upon  ref|uest  any  data,  and  to  loan  any  material 
which  may  be  available.  The  bureau  may  co-operate  with  any  state 
educational  instiution  in  any  manner  approved  by  the  board.  The 
Ijureau  may  make  digests  of  laws,  reports  and  other  material  re- 
lating to  legislation  and  administration,  and  with  the  approval  of 
the  bureau  this  same  shall  lie  ]iulolished  hv  the  commissioners  of 
the  l)ureau  of  public  printing,  binding  and  stationery.  The  clerk 
of  the  ])ureau  of  ptiblic  ])rinting,  binding  and  stationery  shall  cause 
to  be  delivered  to  the  bureau  three  copies  of  each  rcjiort,  pamphlet, 
compilation  of  laws  or  other  document  published  at  state  expense. 
All  legislative  papers,  records,  petitions,  charts  of  house  and  senate 
seats,  and  other  documents,  shall  be  turned  over  to  the  bureau,  and 
shall,  when  no  longer  in  current  use,  be  turned  over  to  the  state 
library  for  preservation.  (Verbatim). 

Skction  9312  a.     Rooms: 

Provides  for  the  housing  of  the  Imreau  in  jjroxiniitv  to  the  slate 
library. 

Section  9312  1).     Appropriation: 

Ajipropriatcs  thirteen  thousand,  fixe  hundred  dollars  ($13,500)  for 
the  expenses  of  the  l)ureau.  and  apparently  some  additii)nal  ^unn 
for  the  two  years  l)eginning  .September  30,  1913. 


Indiana — 4 
PUBLIC  LIBRARY  COMMISSION 

Burns'  Annotated  Indiana  Statutes,  1914,  Vol.  3 

Section  6654.     Organization: 

There  is  hereby  created  a  public  liljrary  commission  composed  of 
three  members  appointed  by  the  governor,  who  shall  serve  without 
compensation,  except  as  herein  provided,  each  for  the  term  of  four 
years;  except  that  at  the  first  appointment  one  shall  serve  for  two 
years  and  one  for  one  j^ear.  The  state  librarian  shall  be  ex-officio 
secretary. 

Section  6655.     Traveling  libraries: 

Said  commission  shall  have  permanent  offices  in  the  state  house, 
with  storage  and  shipping  room;  shall  have  control  and  manage- 
ment of  traveling  libraries ;  shall  purchase  books  and  equipment ; 
shall  adopt  rules  and  regulations ;  shall  require  security ;  shall  pre- 
pare book-lists;  shall  furnish  lists;  shall  provide  library  instruc- 
tion, and  perform  such  other  service  in  behalf  of  public  libraries  as 
it  may  consider  in  the  best  interests  of  the  state.  Said  commission 
shall  employ  a  secretary,  and  other  assistants  as  necessary;  shall 
report  to  the  governor  on  October  1,  1906.  Report  shall  be  printed. 
(Acts  of  1899  as  amended  1905). 

(Note:  The  provision  for  a  secretary  in  this  section  al)rogated  the 
provision  for  a  secretarv  in  section  6654). 

Section  6656.     Approi)riation ; 

Appropriates  seven  thousand  dollars  ($7,000.00)  for  the  expense 
of  the  commission.      (Appropriation  $12,500,  as  amended  in  1913). 

Section  6()57.     Traveling  libraries: 

Provides  that  anv  lilirary  association,  library,  club  or  school  may 
have  use  of  traveling  liliraries,  on  satisfactory  security,  without 
other  expense  than  trans])ortation. 

Section  665<S.     Appropriation: 

Appropriates  one  thousand  dollars  ($1,000.00)  for  expenses.  (Later 
covered  by  general  a])])ropriation  of  $12,500). 

Section  6659.     Advice  to  libraries: 

Shall  give  advice  and  ])ersonal  attention  to  the  librarians  or  trustees 
of  public  libraries. 

Section  66()2.     Documents: 

State  librarian  and  library  commission  shall  sujjply  libraries  in  the 
state  with  state  publications. 


Indiana — 5 

Section  6663.     Interest  in  liook  business: 

Xo  member  of  the  pul)lic  library  commission  shall  lie  in  any  way 
connected  with  the  business  of  publishing  or  selling  books. 

COUNTY  LIBRARIES 
Burn's  Annotated  Indiana  Statutes,  1014,  ^^)L.  2 

Section  4S57.     How  established: 

To  establish  and  maintain  a  public  library  in  each  of  the  several 
counties  for  the  use  of  the  inhabitants  thereof,  there  should  be  re- 
served ten  percent  of  the  net  proceeds  of  the  sale  of  all  lots  within 
the  town  where  the  county  seat  is  situated,  sold  as  the  proi:)erty  of 
such  county;  ten  percent  upon  all  donations  made  to  procure  the 
location  of  such  county  seat ;  and  the  county  commissioners  shall 
make  the  necessary  order  for  the  collection  and  pavment  of  the 
same.  (Verbatim) 

Section  4858.     Appropriati(Mis: 

The  county  commissioners  may  in  each  year  appropriate  not  less 
than  twenty  dullars  ( S20 )  nor  more  than  seventy-five  dollars  ($75) 
for  the  purchase  of  books,  nnijis  and  charts  for  such  library. 

Section  4859.     Trustees'  duties: 

The  clerk,  auditor  and  recorder  shall  have  charge  of  such  library, 
and  are  constituted  trustees.  They  shall  elect  one  of  their  number 
treasurer,  a  suitable  jierson  librarian  ;  jirejiare  room  and  cither  neces- 
sary e(|uipment;  shall  cause  all  monies  a])i)ropriated  to  l)e  expended 
in  the  ])urchase  of  books,  charts  and  map>;  and  report  to  the  com 
missioners.  Each  shall  be  liable  on  his  oflicial  Ixmd  for  the  perform- 
ance of  these  duties. 

Section  4860.     Use  of  the  library: 

Ever\-  resjionsible  inhabitant  of  the  count\-  shall  be  entitled  to  U'^e 
this  librarv. 

Section  4861.      Rules: 

Provides    regulations  and  penalties  for  their  violation. 

Section  4862.      Duties  of  librarian: 

Presribcs  the  ordinarv  dutit's  of  the  librarian. 

Section  4863.     Sur])lus  funds: 

Permits  the  county  librar\-  trustees  to  loan  suri)lns  funds. 

SiccTiox  48()4.      Loans: 

Prescribes  methods  of  loans. 

Section  4865.     Duties  of  treasurer. 

77 


Indiana — 5 
Sections  4866-4871.     City  libraries: 

Provide  for  the  maintenance  of  a  city  library  at  the  county  seat  of 
a  particular  county  as  a  county  library. 

TOWNSHIP  LIBRARIES 

Burns'  Annotated  Indiana  Statutes,  1914,  Vol.  3 

Section  6647.     Purchase  of  books: 

Superintendent  of  public  instruction  shall  superintend  the  purchase 
of  books  for  township  libraries  under  such  regulations  as  the  state 
board  of  education  may  adopt. 

Section  6648.     Distril)ution  of  books: 

State  board  of  education  shall  cause  the  same  to  1)e  distributed  to 
the  several  townships  of  the  state  under  the  direction  of  the  state 
su])erintendent.  who  shall  apportion  the  same  according  to  the  school 
populations  of  the  townships. 

Section  6649.     Township  trustee  in  charge : 

Such  a  library  shall  lie  in  charge  of  the  township  trustee,  shall 
be  deemed  the  pro]iert\-  of  the  townshi]),  and  shall  not  be  sul^ject  to 
sale  or  ahenation  from  anv  cause  whatever.  (\^erbatim) 

Section  6650.     Trustees'  duties: 

Such  trustees  shall  be  accountable  for  the  preservation  of  such 
librarv ;  provide  rules  for  its  use ;  provide  equipment  for  it :  report 
to  the  county  superintendent ;  shall  post  notice  at  the  commence- 
ment of  each  school  term,  at  each  school  house,  inviting  the  free 
use  of  the  books  bv  the  persons  of  the  town-hi]). 

Section  6651.     Use  of  library: 

Everv  faniilv  in  the  township  shall  be  entitled  to  the  use  of  two 
volumes  at  a  time,  from  said  library,  whether  any  member  of  such 
family  ^hall  attend  school  or  not. 

Section  6652.     \\'hcre  kci^t: 

Trustees  n-ay  deposit  ihe  library  in  some  central  or  eligible  place, 
and  mav  ai)])oint  a  librarian. 

Section  6653.     When  ojien : 

The  library  shall  be  open  to  all  persons  entitled  to  its  privileges 
throughout  the  year,  without  regard  to  school  session,  Sundays  and 
holidays  excepted. 

.Section  6660.     Townshi]i  libiarv  tax: 

The  advisory  board  of  any  township  desiring  to  establish  a  public 
librarv  mav  lew  a  tax  annualh-,  of  not  more  than  one  mill  on  each 

78 


Indiana — 7 

dollar.  If  the  advisory  board  do  not  make  such  levy,  then  by  the 
written  petition  of  fifty  voters  of  any  county  the  county  election 
commissioners  shall  hold  an  election  to  determine  the  question.  If 
a  majority  of  the  votes  arc  cast  in  the  afifirmative,  the  township 
trustee  shall  thereafter  levy  anntially  a  tax  of  not  less  than  five- 
lenths,  nor  more  than  one,  mill  on  each  dollar,  for  the  svipport  of  a 
library  free  to  all  the  inhabitants  of  such  township.  Provided  that 
such  lil)rarv  may  be  discontinued  by  vote  in  the  same  manner. 
Provided  ftirther  that  if  there  be  in  said  township  a  ptiblic  library 
open  to  all  the  inhabitants  thereof,  the  proceeds  of  said  tax  shall 
be  paid  to  such  library.  Further,  if  there  be  in  any  township  ( out- 
side of  cities)  a  library  established  by  private  donations  of  the  value 
of  ten  thousand  dollars  or  more  the  township  trtistee  shall  levy- 
not  more  than  six  cents  on  the  hundred  dollars,  which  shall  be  paid 
to  the  trustees  of  such  lil)rary;  and  said  trustees  mav.  with  the 
consent  of  the  board  of  commissioners  of  the  countv.  lew  and  collect 
not  more  than  five  cents  on  the  Imndred  dollars,  for  not  more  than 
three  years  successively,  which  sliall  be  expended  for  the  erection 
and  enlargement  of  such  library  building'. 

PUBLIC  LIBRARIES 
Burns'  ANNOTATi:n  Indtaxa  STATrxKs,  1014,  \'oi..  2 
Section  4916.     Estal)lishment : 

The  common  cotincil  of  any  city,  or  lioard  of  any  incorporated  town., 
desiring  to  establish  and  maintain  a  library,  mav  le\-v  a  tax  not  to 
exceed  one  mill  on  a  dollar.  If  such  council  or  board  do  not  make 
such  levy,  they  shall  do  so  at  the  next  ensuing  levy  and  annually 
thereafter  after  taxpayers  raise  by  private  subscription  for  each  of 
the  two  years  immediately  following  the  date  of  the  com])lelion  of 
subscription  a  sum  eqtial  to  the  amount  that  would  l)c  derived  by  a 
tax  levy  of  two-tenths  of  a  mill  on  each  dollar.  Provided  that  no 
more  than  two  percent  of  the  entire  amount  subscribed  shall  be  by 
an}'  one  person,  firm  or  corporation.  These  subscri])tions  shall  be 
payable  in  eight  <|uarlcrl\'  j^ayments.  beginning  the  second  month 
after  the  filing  of  the  subscriptions. 

Section  4917.     .Subscrii)lion  list: 

Provides  for  the  filing  and  preservation  of  the  stibscrijition  list,  anrl 
for  the  notification  of  the  council  and  the  board  of  school  trustees, 
and  the  judge  of  the  circuit  court  of  the  county,  that  this  has  been 
done. 

Sectio.x    491<S.     F.xamination    of   list.     Library  board.     Tax. 

Provides  that  the  subscription  list  shall  l)e  scrutinized  as  to  its 
validity  and  the  solvencv  of  its  subscribers.     This  being  done,  the 

79 


Indiana — 8 

judge  of  the  circuit  court  shall  appoint  three  residents  as  a  library 
board;  the  first  ajjpointnient,  one  tor  one  year,  one  for  two  years, 
one  for  three  years,^ — after  that  for  two  years.  The  school  trustees, 
and  the  council  or  board,  shall  each  appoint  two  additional  mem- 
bers (making  board  of  seven).  If  the  township  board  of  any  town 
shall  levy  and  collect  a  tax  of  five-tenths  of  a  mill  for  library  pur- 
poses, and  pay  this  to  the  treasurer  of  such  library,  the  township 
shall  be  represented  l)y  two  members  on  the  board.  \\'omen  may 
be  eligible  to  appointment  on  the  board,  and  not  less  than  three 
members  shall  be  women. 

Sfxtion  4919.     Oath  of  ofiice: 

Provides  for  oaths  of  ofifice  and  certificates  of  appointment. 

Section  4920.     Organization: 

Provides  for  organization  of  the  board. 

Section  4921.     Powers  of  the  board: 

Library  board  shall  have  control  of  funds  and  all  library  property; 
shall  direct  all  affairs  of  librar)- ;  shall  be  empowered  to  receive 
donations,  bequests,  legacies,  to  receive  and  convey  real  estate;  to 
receive  public  documents ;  to  make  and  enforce  rules ;  to  employ 
librarians  and  assistants.  When  they  shall  have  constructed  or 
obtained  a  new  building,  they  may  sell  or  convey  the  building  pre- 
\iously  used,  and  the  funds  derived  from  the  sale  shall  be  at  the 
control  and  disbursement  of  the  board. 

Section  4922.     Subscriptions.     Taxes: 

It  shall  be  the  duty  of  the  board  to  collect  the  subscriptions  and  to 
determine  the  rate  of  tax,  not  to  exceed  one  mill  on  each  dollar,  and 
to  certify  to  the  common  council,  which  being  done  it  shall  be  placed 
on  the  tax  dui)licate  and  collected  in  like  manner  as  other  taxes. 

Section  4923.     Funds: 

The  tax  so  levied  shall  be  kept  as  a  se])arate  fund  bv  the  treasurer 
of  such  citv  or  incorporated  town,  for  library  pur])oses.  He  shall 
pay  the  same  on  a  warrant  of  the  president  and  secretary  of  the 
library  board. 

Section  4924.     For  whose  use: 

Provides  that  the  public  library  so  established  shall  be  free  for  the 
use  and  benefit  of  all  inhabitants  of  the  township,  conditioned  on 
the  pavment  of  a  tax  of  two-tenths  of  a  mill.  \\'hen  the  public  li- 
brarv  is  not  so  open,  the  librarv  board  may  permit  residents  of  the 
townshi])  to  use  the  library  upr,n  |)ayment  of  a  fee. 

80 


Indiana — 9 

Section  4925.     Method  of  accepting  a  library: 

Provides  a  method  l:)y  which  a  city  or  incorporated  town  may  accept 
the  cnstody  of  a  lil^-ary  ah-eady  estabHshed  and  maintain  it. 

Section  4926.     Appointment.     Removal : 

Provides  for  the  appointment  and  removal  of  members  of  library 
board  for  such  library. 

Section  4927.     Treasurer's  report : 

Provides  for  the  report  of  die  treasurer. 

Section  4928.     Repeals  inconsistent  laws: 

Provides  that  this  act  shall  not  interfere  with  the  .maintenance  and 
management  of  any  existing"  library  already  established  and  operat- 
ing under  the  laws  of  the  state. 

Section  4929-4938.     Establishment: 

Provide  for  associations  for  the  establishment  of  public  libraries, 
art  galleries,  public  reading-rooms,  and  parks. 

Section  4939.     Provision  for  town  which  liecomes  a  city: 

Provides  that  an  incorporated  town  having  become  incor|)oralcd  as 
a  city  and  ha\'ing  previously  sui)i)orted  a  library  may  continue  to 
levy  a  tax  for  that  purpose. 

Sections  4940-4941.     Real  estate: 

Permits  certain  libraries  to  purchase  real  estate  and  to  mortgage 
the  same. 

Section  4941  a.     Relates  to  the  library  fund  in  a  ])arlicular  county. 

Sections  4890-4910.     Give  a  series  of  laws  providing  for  libraries 
in  particular  sub-divisions,  discriminated  by  population  or  si/e 

of  library. 

Sections  4911-4912.  Library  established  may  lu-come  town  library: 
Provide  a  method  by,  and  conditions  on  which,  a  librarv  already 
established  may  become  a  town  library. 

Sections  4912  a,  b,  c. :     Library,  established  may  become  township 
library : 
Provide  methods  by  which  a  city  or  tcnvn  librarv  mav  become  the 
lil)rarv  of  the  townshi])  in  which  the  city  or  town  is  situated. 

Section:  4912  d  and  e.     Transfer  of  property: 

Provide  method  bv  which  ])roperty  may  be  transferred  from  a  town 
board  to  a  ])ul)lic  library  board  in  the  same  town. 

81 


Indiana — 10 

Burn's  Annotated  Statutes.  1014,  \'ol.  3 

Section  6642.     School  board  may  establish  lilirarv: 

In  all  cities  and  incorporated  towns,  whatever  board  is  established 
to  take  charge  of  the  public  schools  shall  have  power  to  establish  a 
free  public  liljrary,  to  make  rules  for  its  care  and  o-overnment  and 
provide  penalties  for  their  violation;  i^rox-ided  that  no  free  public 
library  is  already  established  in  such  city  or  town. 
In  a  particular  city,  the  school  board  was  given  power,  with  con- 
sent of  the  library  board,  to  take  over  the  lil)rary  already  established. 

Section  6643.     Tax: 

Such  school  board  may  levy  a  tax  not  exceeding  one  mill  on  the 
dollar,  and  shall  expend  thereon  for  rooms,  i)urchase,  care  and 
binding  of  books,  and  in  payment  of  lilirarian  and  assistants. 

Section  6644.     Limits  tax,  in  city  of  30,000: 

In  cities  having  at  the  census  of  1870  a  population  of  thirty  thous- 
and or  more,  the  tax  shall  not  exceed  two-fifths  of  a  mill. 

Section  6645.     Real  estate: 

Any  such  city  in  whicli  a  free  public  lil^rary  may  be  established  in 
accordance  with  the  terms  of  this  act,  may  accjuire  by  purchase,  or 
take  and  hold  by  gift,  grant  or  devise,  any  real  estate  necessary  for 
or  which  may  be  donated  or  devised  for,  the  lienefit  of  such  lil)rary; 
and  all  revenues  arising  therefrom,  and  the  proceeds  of  the  same 
if  sold,  shall  be  devoted  to  the  use  of  said  library. 

Section  6646.     Pavment  from  special  school  fund: 

In  case  the  school  authorities  of  anv  citv  have  purchased  real  estate 
for  a  library  under  sections  4524,  4525  and  4526  of  the  revised 
statutes  of  1881,  and  the  revenue  from  taxation  is  insufficient  to 
pay  for  such  real  estate,  then  said  trustees  are  authorized  to  pay 
deficiencies  out  of  any  money  in  special  school  fund. 
Note:  The  sections  4524,  4525  and  4526  mentioned  a1)ove  arc 
proliably  obsolete.  This  section  6646  has  the  appearance  of  an  en- 
actment to  meet  a  siiecial  condition  in  some  particular  city. 

Lir.RARV  ASSOCIATIOXS 
BuRN.s'  Annotated  Statutes,   1914,  \'oi..  2 

Section  4872.     How  estal:)lished : 

Inhabitants  of  anv  citv,  town  or  village,  or  neighlwrhood,  or  any 
])art  of  them,  having  subscribed  fifty  dollars  or  upwards  towards 
establishing  a  ])u1)Iic  h1)rarv,  mav  asseml)U'  lliemselves  for  the  ])ur- 
pose  of  holding  an  election  of  directors. 

82 


I X  DIANA 1  1 

Sfxtions  4873-4876.     Election  method: 

Prescribe  the  metliod  of  holdin,2,"  the  election  and  making  record 
and  statement  of  the  same. 

Si-XTio.x  4S77.     Powers  of  chrectors: 

After  sncli  statement  shall  be  duly  recorded,  the  president  and 
directors,  and  their  successors  forever,  shall  be  a  body  corporate 
and  politic. 

Skctiox  4S78.     Bankino-; 

Forbids  any  such  lil)rar\-  board  from  issuing-  or  dealing-  in  notes  or 
bills  of  exchanoe. 

Skc'tiox  4879.     Annual  election  of  directors: 
Directors  shall  thereafter  be  elected  annually. 

Section  4880.     P.y-laws: 

Directors  shall  make  by-la\\s  for  the  lil)rar\'  rir  libraries. 

SiccTKJN  4881.     Assessments.     Officers: 

Shall  have  power  to  levy  a  tax  on  the  share-holders,  not  to  exeeetl 
one  dollar  on  each  share  in  one  year.     Share-holders  may  at  their 
pleasure  increase  this  to  five  dollars. 
Shall  appoint  a  treasurer  and  librarian. 

Skctiox  4882.     Quorum.      \  acancies: 

-A  maioritv  of  the  electors  constitute  a  (|Uorum.  Shall  ha\e  jxiwer 
to  fill  vacancies. 

Sectiox  488v'?.      Donations: 

Directors  shall  ha\e  power  to  receive  donations. 

Sectiox.s  4884-4880.     Cities  controlling-  associate  libraries: 

.Authorizes  cities  having  in  l')00  a  pojnilation  of  3500  or  not  more 
than  4000  to  accept  control  of  an  associate  library,  to  g-overn  antl 

maintain  the  same. 

Sectiox  4*^3.     Transfer  of  townshi])  library: 

I'rovides  for  the  transfer  of  a  townshi]i  library  to  a  librarx'  estab- 
lished in  the  township  by  ])ri\ate  donations. 

.Si;(  riox  4' '14.      Reversion: 

Provides  for  the  reversion  of  such  lilirar\-  to  the  township  in  case 
tile  library  association  ceases  to  exist. 

.^K<  Tiox  491.^.      As.sociations  legalized: 

Legalizes  library  associations  which  i)urport  to  have  been  organ 
ized  and  established  ])ursuant  to  the  pro\isions  and  laws  of  the  stale 
and   wbicli  ba\e  prixale  dona'ion-^  to  the  aniomil   of  one  thou'^and 
dollars. 

83 


Iowa — 1 
IOWA 

STATE  LIBRARY  AND  HISTORICAL  COLLECTIONS 
Annotated  Code,  1897 
Section  2858.     Trustees,  librarian,  etc.: 

State  library  shall  be  controlled  by  board  of  trustees  consistinof  of 
the  governor,  judges  of  the  supreme  court,  the  secretary  of  state 
and  superintendent  of  public  instruction,  of  which  the  ""overnor 
shall  Ije  president.  They  shall  ai^point  a  librarian  and  curator  of 
the  historical  collection;  shall  make  rules  and  re.arulations  for  the 
library;  shall  have  the  power  to  remove  the  officers. 

Section  2859.     Use  of  the  library: 

Certain  state  officials  mentioned  have  the  rig:ht  to  withdraw  books 
from  the  library. 

Section  2860.     Librarian: 

Librarian  shall  hold  office  for  two  years;  shall  g-ive  bond  for  five 
thousand  ($5,000.00)  dollars. 

Section  2861.     Librarian's  duties: 

Librarian  shall  have  charge  of  the  library  and  give  personal  atten- 
tion to  the  duties  during-  such  hours  as  the  trustees  shall  direct. 

Section  2862.     Catalog: 

Lil)rarian  shall  label  and  catalog  the  books  and  prepare  a  catalog 
for  publication. 

Section  2863.     Report  of  books: 

Librarian  shall  report  to  the  governor  llie  books  withdrawn  by  the 
members  of  the  assembly. 

Section  2864.     Fines: 

Provides  that  all  fines  and  penalties  shall  be  applied  to  the  use  of 
the  library. 

Section  2865.     Liabilities: 

Provides  penalties  for  injuring,  destroying  or  losing  books. 

Section  2866.     Report: 

Provides  the  librarian  shall  report  to  the  trustees  semi-annually, 
or  oftener  if  ref|uired;  shall  rc])ort  fully  to  the  governor  biennially. 

Section  2875.     Curator  of  historical  department: 

Curator  shall  hold  office  six  years,  shall  have  charge,  shall  catalog 
all  collections  under  his  charge. 

Section  2876.     Collections  of  memorials: 

Curator  shall,  with  tlie  approval  of  the  trustees,  collect  memorials 
and  mementos  of  the  i)ioneers  of  Iowa,  etc. 

85 


Iowa — 2 
Sections  2877-2878.     Ethnology  and  archaeology: 

Curator  shall  receive  and  arrange  objects  illustrative  of  ethnology 
and  archaeology  in  rooms  provided  in  capitol. 

Sections  2879-2881.     Appropriations: 

Provided  appropriations  for  historical  department  and  salaries  of 
curator  and  librarian;  were  superceded  by  Sections  2881  a-i,  follow- 


CONSOLIDATION  OF  STATE  LIBRARY  WITH   HISTORI- 
CAL DEPARTMENT 

SurPLEMENT   TO   CODE,    1913,    CHAPTER    17a 

Section  2881  a.     Consolidation: 

Provides  that  the  miscellaneous  portions  of  the  state  librarv  shall 
be  consolidated  with  the  historical  dej)artment  on  the  1st  day  of 
January,  1901,  or  such  later  date  as  the  trustees  may  direct;  and 
the  boards  shall  become  one  board. 

Section  2881  b.     State  librarian: 

After  such  consolidation  the  slate  librarian  shall  have  s'eneral 
charge  of  the  historical  department,  the  consolidated  and  law  librar- 
ies.    The  state  librarian  shall  report  to  the  g'overnor  biennially. 

Section  2881  c.     Fiu-niture: 

Authorizes  the  purchase  of  furniture  and  fixtures. 

Section  2881  d.     Assignment  of  rooms. 

Section  2881  e.     Appropriations: 

There  shall  be  annuallv  ai)iiroi)riated  from  anv  mone}^  in  the  state 
treasurv.  not  otherwise  appropriated,  the  sum  of  six  thousand 
dollars  for  the  use  of  the  law  department  and  legislative  reference 
liureau :  six  thovtsand  dollars  for  the  use  of  the  miscellaneous  de- 
partment;  and  six  thousa'id  dolla'^s  for  the  historical  department, 
the  monev  to  be  ex])ended  under  the  direction  of  the  board  of  trus- 
tees of  the  stale  librarv  and  historical  department.         ( A'erbatim  ) 

Section  2881  f.     Salaries: 

Fixes  salaries  of  slate  librarian,  curator  of  the  nuiseum,  and  law 
lil)rarian. 

Section  2881  g.     Assistants: 

Provides  other  assistants  and  fixes  their  salaries. 

Section  2881  h.     Bonds: 

'Idle  sl.'ilc  librarian  sludl  give  bond  for  fi\-e  thousand  dollars;  the 
curator  and  assistant  librarian  for  one  thousand  each. 

86 


Iowa — 3 
SectiOx\  2881  i.     Salary  payments: 

Provides  for  monthly  payment  of  salaries. 

Sections  2881  i-2881  n.  Related  to  the  puhlic  archives.  They  were 
repealed  by  the  36th  General  Asseml)l\-  and  rejilaced  by  the  follow- 
ing^: 

Supple:\iextal  Supplement  to  Code.  1915,  Chapter  17a 

Section  2881  o.     This  repeals  2881  j-n  inclusive,  as  noted  above. 

Section  2881  p.     Public  archives   custodv: 

Gives  the  curator  of  the  historical  department  custody  of  the 
archives. 

Section  2881  c|.     Heads  of  departments  authorized  to  deliver  records. 

Section  2881   r.     Curator  authorized  to  receive  records. 

Section  2881  s.  Executive  council  to  c(|uip  rooms  in  the  Historical, 
Memorial  and  Art  buildino-s. 

Section  2881  t.  Curator  to  certify  to  copies.  Conditions  authoriz- 
ing removals.     Fees. 

STATE  LIBRARY  COMMISSION 
Supplement  to  Code,  1913 
Section  2888  a.     Lil)rarv  commission: 

The  governor  shall  ajipoint   four  persons,  at  least  two  of  whom 
shall  be  women,  who,  with  the  state  librarian,  the  superintendent  of 
public  instruction  and  the  i:)resident  of  the  state  university,  shall 
constitute  a  state  library  commission. 
After  the  first  aiii)ointments  the  terms  shall  he  for  five  vears. 

Section  2888  b.     Repeals  former  sections. 

Si':cTi0N  2888  c.     Duties  of  commission: 

The  commission  shall  yive  advice  to  all  public  libraries,  and  com- 
munities which  mav  propose  to  establish  them,  upon  all  di'tails  of 
library  mana^'emcnt.  Thev  may  print  lists  and  circulars;  mav 
conduct  a  summer  school  of  librarv  instruction  and  a  clearing-house 
for  periodicals  for  free  afift  to  local  libraries,  and  i)crforni  such 
other  i^ublic  service  as  mav  seem  desirable. 

Sectio.x  2888  d.     Travelinci'  libraries: 

'I'he  slate  library  l)oard  shall  transfer  to  the  Iowa  librarv  commis- 
sion all  associate  and  traveling-  libraries  l^elonqfiny  to  the  state; 
and  the  said  librarv  commission  is  authorized  to  accept  the  same, 
and  it  shall  be  their  duty  to  operate  such  associate  and  travelin.e; 
libraries,  to  be  loaned  to  libraries,  schools,  colleijes.  farmers'  insti- 
tutes, study  clubs  and  otlier  institutions  and  indi\idurds,  free  of 
cost  except  for  transportation,  under  stiitable  conditions  and  rules. 

87 


Iowa — 4 
Section  2888  e.     Secretary,  etc.: 

The  commission  shall  employ  a  secretary,  not  of  its  own  number, 
who  shall  serve  at  the  will  of  the  commission.     It  may  employ  such 
other  assistants  as  may  be  neces-^ary,  and  shall  fix  the  salaries. 
The  salary  of  the  secretary  shall  be  fixed  by  the  committee  on  re- 
trenchment and  reform. 

The  secretary  shall  keep  a  record  of  proceeding's,  and  the  financial 
accounts  of  the  commission :  shall  aid  and  supervise  the  travelina;- 
libraries,  and  ors:anize  new  libraries. 

In  addition  to  his  salary,  he  shall  have  necessary  travelins;'  ex- 
penses. 

Section  2888  f.     Report  of  secretary: 

The  secretary  of  the  commission  shall  report  fully  on  the  condition 
of  Iowa  libraries,  on  July  1,  1903. 

Section  2888  g-.     Reports  from  libraries: 

The  commission  shall  obtain  from  all  pul)lic  libraries  reports,  and 
shall  furnish  annually  to  the  secretary  of  state  such  information  for 
publication  as  may  be  deemed  of  public  interest. 

Supplemental  Supplement  to  Code,  1915 
Section  2888  h.     Expenses: 

No  member  of  the  commission  shall  receive  any  compensation;  but 
necessary  traveling-  expenses  shall  be  paid,  and  the  necessary  ex- 
penses connected  with  the  work  of  the  commission  and  the  main- 
tenance of  the  travelins;  library  system,  provided  the  total  expense 
shall  not  exceed  fifteen  thousand  dollars  in  one  year  and  that  not 
more  than  nine  thousand  dollars  of  this  shall  be  used  for  payment 
of  salaries.  All  bills  and  all  expenses  of  the  members  of  the  com- 
mission and  its  officers  shall  be  audited  and  allowed  by  the  execu- 
tive council  before  being  paid. 

PUBLIC  LIBRARIES 
Supplement  to  Code,  1913 
Section  727.     Public  liliraries: 

Cities  and  towns  shall  have  power  to  provide  for  the  formation 
and  maintenance  of  free  public  libraries  open  to  the  use  of  all  the 
inhabitants^,  under  proper  regulations,  and  mav  purcha>--e  land  and 
erect  buildings,  or  hire  buildings  or  rooms  suital)le  for  that  purjiose, 
and  provide  for  the  compensation  of  the  necessarv  employees;  may 
receive,  hold  or  dispose  of,  anv  and  all  gifts,  donations,  devises 
and  bequests  that  may  he  made  to  them  for  the  purpose  of  estal)- 
lishing,  increasing  or  improving  anv  such  library;  and,  when  the 
conditions  of  such  gifts,  donations,  devises  and  bequests  have  once 
been  accepted  bv  the  council,  the  performance  of  such  conditions 
mav  be  enforced  at  the  instance  of  the  librarv  board,  hv  mandamus 

88 


Iowa — 5 

and  liy  other  due  process  of  law:  and  the  council  niav  ai)plv  the 
profits,  ])roceeds,  interest  and  rents  accruino-  therefrom  in  such 
manner  as  will  hest  promote  the  prosperity  and  utility  of  such 
lihrary:  but  no  monev  can  be  appropriated  for  such  pm^pose  until 
the  electors  of  such  city  or  town  shall  have  voted  at  a  general  or 
special  election,  for  the  establishment  of  such  a  library. 

(\^erbatim) 

Section  727  a.  Special  charter  cities.  This  act  shall  apply  to 
cities  acting'  under  special  charter. 

SuppLEMENTAi,  Supplement  to  ConE,  1015 

Section  728.     Library  trustees: 

In  any  city  or  town  in  which  a  free  library  has  been  established,  a 
l)oard  consisting  of  five,  seven  or  nine  trustees  shall  l)e  appointed  by 
the  mayor,  with  the  api)roval  of  the  council,  and  shall  hold  office 
when  first  appointed  for  two,  four  and  six  vears, — thereafter  for 
six  years. 

Citizens  of  the  citv  or  town,  male  or  female,  over  the  age  of  21, 
are  alone  eligible.     Removal  from  the  citv  vacates  the  oflice. 
Trustees  shall  receive  no  compensation. 

Provided  that  in  cities  or  towns  where  a  college  or  university  is  lo- 
cated, it  shall  be  lawful  for  the  city  or  town  to  cooperate  with  the 
college  or  university  in  maintaining"  a  librarv :  but  no  city  may  con- 
tribute more  than  the  amount  produced  bv  the  legal  rate  of  taxation: 
and  only  i)ersons  having  the  legal  (|ualifications  mav  become  trus- 
tees. 

Supplement  to  Code,  1913,  Chapter  4 

Section  72*'.     Powers  of  liljrary  trustees: 

Trustees  shall  organize  by  the  election  of  one  of  their  members  as 
president,  and  by  the  election  of  such  other  officers  as  may  be 
necessary:  shall  have  control  of  the  public  library;  shall  have  power 
to  employ  a  lil)rarian  and  assistants  and  fix  their  compensation,  to 
remove  the  librarian  or  assistants,  to  purchase  books,  i)ami)hlet.- 
and  other  necessary  proi)ertv  for  the  librarv,  to  authorize  use  of  the 
library  bv  non-residents  for  a  Cfimiiensation,  to  make  rules  not  in- 
consistent with  the  law:  have  exclusive  control  of  exi)enditures  of 
all  funds  from  all  sources,  for  all  librar\-  i)urposes;  shall  keej)  a 
record  of  their  i)roceedings. 

Section   729  a.     Township  trustees.      Power  to  contract: 

The  trustees  of  any  free  i)ublic  librar\-  sh.nll  have  power  to  con- 
tract with  any  school  cori)oration,  civil  town-^hi]),  or  counrv,  in  which 
such  librarv  is  situated,  anv  citv  or  town,  whether  in  the  same  or  an 
adjoining  county,  for  the  free  use  of  said  librarv  bv  the  residents 

89 


.1 


Iowa — 6 

of  such  school  corporation,  townshi]),  count\'.  citv  or  town,  by  one 
or  more  of  the  followino;  methods  in  whole  or  in  i)art: 

(1)  By  lending-  books  of  such  library  to  such  residents  on  the 
same  terms  and  conditions  as  to  the  residents  of  the  citv  or  town 
in  which  said  library  is  situated. 

(2)  By  the  establishment  of  depositaries  of  books  of  said  library, 
to  be  loaned  to  such  residents  at  stated  times  and  places. 

(3)  By  the  transportation  of  books  of  such  library  to  such  resi- 
dents, by  wag"on  or  other  conveyance  for  lendino-  the  same  to  sucli 
residents,  at  stated  times  and  places. 

(4)  By  the  establi:-hnicnt  of  l)ranch  libraries  for  lending  books 
to  such  residents. 

.Such  ciMitracts,  unless  otherwise  provided  therein,  shall  remain  in 
force  for  five  years,  unless  sooner  terminated  by  a  majority  vote 
of  the  electors  of  such  school  corporation,  township,  county,  city  or 
town. 

Laws,  1*^13.  Ciiaptkr  70 

Section  1.     See  foregoing  Section  720  a,  which  is  Section  1  amended. 

.Section  2.     Use.     Compensation : 

Authorizes  the  trustees  of  any  civil  townshi])  to  contract  as  pro- 
vided in  Section  1,  with  any  free  public  library  for  its  free  use  by 
the  residents  of  the  townshi]:),  authorizes  the  payment  of  an  agreed 
amount  therefor,  and  the  levy  of  a  tax  not  exceeding  one  mill  for 
that  purpose. 

When  petitioned  by  a  majoritv  of  the  resident  tax-pavers,  and 
the  library  g-ives  written  consent,  it  shall  be  the  duty  of  the  trustees 
to  execute  such  contract.  When  such  contract  is  made,  whether  on 
petition  of  resident  tax-pavers  or  not,  an  amount  sufficient  to  pay 
the  consideration  shall  be  annually  levied. 

Section  3.     City  or  town  mav  contract: 

Gives  the  council  of  anv  citv  or  town  in  which  there  is  no  public 
library,  power  to  contract  for  the  free  use  of  anv  free  public  library, 
and  provides  a  lew  therefor,  on  similar  conditions  as  section  2. 

Section  4.     Counlv  mav  contract: 

Amends  Supplement  to  the  Code  1^07,  section  422,  the  first  para- 
,graph  of  which  reads: 

Section  422.     Power  sjiecified: 

The  board  of  [county]   supervisors,  at  anv  regular  meeting,  shall 

have  the  following  powers,  to-wit:     *     *     * 

24.     To  contract  with  any  free  public  lil)rary  in  the  county  for  the 

free  use  of  the  books  thereof  by  the  residents  of  the  comity  outside 

of  the  cities  and  towns  therein,  as  provided  in  section  1  of  this  act, 

— which  contract   when   made  shall  supercede  all  contracts  made 

by  townships  or  school  cori)orations, — and  to  lew  annually  on  the 

on 


Iowa — 7 

l;ixal)le  ])r()perty  of  the  county  outside  of  cities  and  towns  a  tax 
of  not  more  than  one  mill  on  the  dollar,  to  be  used  exclusively  for 
that  i)uri)ose. 

Se<.:tiox  5.     School  directors  may  contract: 

Gives  directors  of  any  school  corporation  in  which  there  is  no  free 
])ul)lic  library,  power  to  contract  with  any  public  library  for  free 
use  of  such  library  by  residents  of  such  school  district,  and  to  pay 
such  librarv  the  amount  agreed  therefor,  not  exceeding;  one  mill  on 
the  dollar,  and  to  lew  therefor  a  tax  not  exceeding;  one  mill  on  the 
dollar.  Relieves  school  corjwrations  making:  such  contract  from 
the  recjuircments  of  section  2823n  of  the  Supplement  to  the  Code, 
1*^07.  (This  was  enacted  as  an  addition  to  Sui)i)lement  of  the  Code 
1907,  section  2806.  which  section  iM-ovidcs  a  lransi)orlation  fund). 

Sui'Pi,HMi:\T  TO  Com-:,  l*M,i 

St:cTiox  72'.)  b.      Towers  of  li])rarv  trustees: 

In  any  city  or  town  having-  a  free  library,  the  library  trustees  shall 
have  power  to  condemn  real  estate  in  the  nanvj  of  the  city  or  town, 
for  the  construction  of  main  or  branch  lilirarv  building's  and  for 
enlarging"  the  grounds  of  such  Iniilding'S. 

Sectfo.v  729  c.     Condemnalion  i)roceeding-s: 

T'roceedings  for  condemnation  shall  be  in  accordance  with  the 
pro\isions  of  the  court,  excci)t  that  no  attorney's  fee  .shall  be  al- 
lowed for  the  owner. 

Section  72''  d.     Sjiecial  charter  cities: 

This  act  sliall  ai)i)ly  lo  cities  acting  under  si)ecial  charter. 

(\\M-balini  ) 

.SiccTiox  72')  e.      Power  to  unite  with  historical  ;issociali(MTs: 

Whenexer  a  county  historical  association  shall  be  formed  in  a 
county  having  a  i)ul)lic  librarv,  the  trustees  of  such  lil)rarv  arc 
authorized  to  unite  with  the  historical  association,  to  set  ajiart 
necessary  room,  furnish  necessary  receptacles  and  care  for  such 
articles  as  in  their  iudgment  may  be  of  historical  and  educational 
value. 

Si':(Tiox  7,^0.      l.ihrarv  fund: 

All  monevs  for  the  m.aintenance  of  such  librar\-  shrdl  be  deposited 
as  a  separate  funrl  with  the  city  treasurer,  .and  i)aid  out  ujion  tlie 
order  of  the  trustees,  ijrovided  that,  in  any  citv  or  town  where  a 
library  is  maintained  iointly  by  the  citv  or  town  and  an  institution 
of  learning:,  the  librar\-  trustees  mav  elect  a  librarv  Ireasm^er  to 
whom  the  citv  treasurer  sli.all  i)a\-  o\er  the  taxes  accrued  I'or  the 
library. 

(Note:  The  above  section.  7.>0.  was  made  aiiplicable  to  special 
charter  cities  li\'  Section  9.t2). 

01 


Iowa — 8 
Section  730  a.     Contracts,  etc.,  legalized: 

Where  cities  or  incorporated  towns  and  institutions  of  learning 
have  established  or  contracted  to  establish  public  libraries  jointly, 
all  contracts,  elections,  ordinances  and  other  proceedings  made, 
held  or  passed  as  provided  In-  law,  are  declared  valid  and  ol)liga- 
tory  as  though  made,  held  or  passed  after  the  taking  effect  of  this 
act. 

x^NNOTATED  CODE,  1897 

Section  731.  Board  of  trustees  shall  report  annually  to  the  council. 
Note:  This  section  731  does  not  appear  in  any  later  edition  of  the 
code. 

Supplement  to  Code,  1913 

Section  732.     Library  tax: 

The  board  of  trustees  shall,  before  the  first  of  August  in  each  year, 
fix  the  amount  of  rate,  not  exceeding  five  mills  on  the  dollar  in  all 
cities  and  incorporated  towns,  to  be  levied,  collected  and  appropri- 
ated for  the  ensuing  year,  for  the  maintenance  of  such  library ;  and 
in  cities  and  towns  an  amount  not  exceeding  three  mills  on  the  dollar 
for  librarv  buildings  and  for  the  creation  of  sinking  fund  for  the 
extinguishing  of  indebtedness.  This  shall  be  certified  to  the  city 
council,  who  shall  levy  such  tax  or  such  jiortion  thereof  as  they  may 
deem  necessary. 

In  any  city  or  town  under  special  charter  where  the  ]\Iulct  law_  is 
in  force,  the  city  or  town  council  mav,  in  addition  to  the  tax  herein- 
before provided  for,  appropriate  not  to  exceed  twentv  percent  of 
the  total  amount  of  the  Alulct  tax  received  by  said  municipalitv, 
for  the  su])port  and  maintenance  of  the  free  public  library,  includ- 
ing the  i>urchase  of  books  and  furniture. 

(Note:  The  Mulct  Law  ])rovides  a  tax  collected  from  liquor 
dealers). 

When  anv  imblic  lilirarv  building  shall  l)e  fullv  comi^leted  and  paid 
for,  and  a  Ijalance  remains  in  the  library  building  fund,  the  library 
trustees  are  authorized  to  transfer  such  excess  to  the  maintenance 
fund;  provided  this  shall  not  be  construed  to  authorize  a  lew  of 
tax  for  building  purposes  after  the  Iniilding  has  lieen  erected,  with 
intent  to  take  advantage  of  this  act  to  increase  the  library  income 
for  maintenance  purposes. 
Note  in  Supplemental  Code,  1^13: 

The  second  jiaragraiih  ol  the  al)ovc  section,  commencing  with  the 
word  ■"In"  *  *  *  was  enacted  bv  the  30th  general  assembly 
as  additional  to  the  section  732.  Init  the  31st  general  assembly, 
chapter  21,  repealed  section  732  of  the  supplement  of  the  code  with- 
out referring  to  or  specificallv  repealing  the  amendment  enacted 

92 


Iowa — 9 

by  the  30lh  general  assenil)ly;  so  it  was  deemed  best  to  show  boih 
enactments. 

Note :  From  tlie  above  note  in  the  code,  and  from  one  in  the  y^am- 
phlet  published  bj'  the  hbrary  commission,  it  appears  that  section  732 
was  repealed  without  referring;  specifically  to  its  amendments  but 
has  nevertheless  been  amended  since, — the  latest  amendment  being 
in  1913.  It  is  therefore  included,  as  the  editor  of  the  Code  reg'ards 
its  validity  as  a  matter  for  judicial  determination. 

Section  741  n.     Contract  for  use  of  libraries: 

City  or  town  councils  shall  have  power  to  contract  with  the  trustees 
of  any  free  public  library  for  use  of  said  library  by  the  people  of 
the  city  or  town  not  having  the  use  of  a  library,  upon  the  same  terms 
as  residents  in  the  city  or  town  where  the  library  is  located,  and  to 
pay  such  library  such  an  amount  as  may  be  ao-reerl  upon  therefor, 
and  to  levy  a  tax  not  exceeding-  one  mill  on  the  dollar  therefor. 

Sectiox  1056  a  26  a.     Cities  under  commission  government: 

In  cities  under  commission  form  of  governrtient,  the  lilirarv  board 
shall  consist  of  five  members,  excepting  in  cities  maintaining  a 
a  library  under  lease  or  contract  fixing  a  different  number. 

SectionM056  a  26  b.     Selection.     Terms: 

Trustees  shall  lie  appointed  by  mayor,  with  approval  of  council, 
for  five  years. 

SCHOOL  LIBRARIES 

Supplement  to  Code,  1913 

Section  2823  n.     Lilirary  fund: 

Treasurer  of  each  school  township  and  each  rural  independent 
district  shall  withhold  annuallv  from  the  money  received  for  ap- 
portionment to  the  several  school  districts  not  less  than  five  nor 
more  than  fifteen  cents,  as  may  be  ordered  liy  the  board,  for  each 
person  of  school  age  resident  in  such  district. 

Section  2823  o.     Purchase  of  books.     Distribution: 

OfTicers  of  the  board,  with  the  county  superintendent,  shall  expend 
such  money  for  the  purchase  of  books  selected  from  lists  prepared 
by  the  state  board  of  educational  examiners. 

In  school  townships,  the  secretary  shall  distribute  liie  books  among 
the  several  sub-districts, — collecting  and  redistributing  them  semi- 
annually. 

Section  2823  p.     Lists: 

The  state  board  of  examiners  shall  prepare  lists  of  books  suitable 
for  school  district  libraries,  annuallv  or  bienniallv. 

03 


Iowa— 10 

Section  2823  q.     Record: 

Each  secretary  shall  keep  a  cnini)lete  record  of  books  purchased  and 
distributed. 

Section  2823  r.     Librarian: 

Unless  the  board  of  electors  shall  elect  some  other  person,  the  sec- 
retary in  independent  districts,  and  the  director  in  sub-districts, 
shall  act  as  librarian,  shall  care  for  the  books,  loan  them  for  teach- 
ers, i)Ui)ils  and  other  residents  of  the  district,  in  accordance  with 
the  rules  prescribed  by  the  state  board  of  educational  examiners 
and  directors.  The  teacher  shall  be  resT)onsible  for  the  proper 
care  of  the  books. 

The  board  of  directors  shall  equitably  distribute  them  anions:  the 
different  schools. 

Supplement  to  Code,  1913 

Section  2806.  School  corporations  may  contract  for  use  of  library: 
This  permits  the  board  of  directors  of  any  school  corporation  hav- 
ing;- no  library  to  contract  for  the  free  use  of  another  library  and  to 
lew  a  tax  not  exceeding'  one  mill  on  the  dollar  to  pay  for  the  same. 


94 


Kansas — 1 
KANSAS 

STATF.  Lir.RARV 

Genkrai.  Statutes.  1909 

Section  8221.  Constitutes  library. 

Section  8222.  Re,<;istry  of  use. 

Section  8223.  Detention  and  injury  of  books. 

Section  8224.  Reiiort. 

Section   8225.  Appropriation. 

Section  8226.  Catalo':^-. 

Section  8227.  Liability  of  librarian. 

Section  8228.  Penalt}-  for  removing-  bonk  from  tlic  library. 

Section  8229.  Excbange  of  documents. 

Section  8230.  Copies  of  laws. 

Section  8231.  Expenses. 

Section  8232.  Exchange  of  books. 

Section  8233.  I'rinti-'d  catalog?. 

Section  8234.     Directors.     Justices  of  the  Supreme  Court  shall  lie 
ex-officio  directors  of  the  state  library. 

Section  8235.  Rules. 

Section  8236.  Hours. 

Section  8237.  Issue  of  books. 

Section  8238.  Use  of  books. 

Section  8239.  Duties  of  librarian. 

Section  8240.  Preparation  of  books. 

Section  8241.  Report. 

Section  8242.  A])pointment  of  librarian. 

Section  8243.     Publications: 

Provides  for  the  delivery  to  certain  lil)rarics,  of  sets  of  Kansas 
reports. 

Section  8244.     Same: 

Provides  for  the  delivery  to  the  Carnesi'ie  Law  Library  Association 
of  Wyandotte  County,  of  the  report  of  the  Supreme  Court  and  of 
the  Court  of  Ajii^eals.  and  of  I  )asskr's  Dijjest. 

Section  8245  to  8248  inclusive,  provi<le   for  the  !^torniont    l.ilirary 
Fund. 

Sections  8249  and  8250  provide  for  the  exchanQ-e    of    reports    of 
Sui)reme  Cotn^t  for  other  books. 

0.S 


Kansas — 2 
TRAVELING  LIBRARY  COMMISSION 

Section  8251.     Appointment: 

Authorizes  the  directors  of  state  Hbrary  to  appoint  three  persons 
who,  with  the  state  hbrarian  and  the  president  of  the  Kansas  State 
Social  Science  Federation  of  Cktbs,  shall  constitute  a  board  to 
be  known  as  the  Kansas  Travehng  Libraries. Commission,  of  which 
the  state  Hbrarian  shall  be  ex-ofhcio  chairman.  The  terms  of  the 
appointed  members  shall  be  three  years. 

Section  8252.     Manag"ement  of  library: 

The  commission  shall  manage  the  traveling  library  department  of 
the  state  library;  make  rules  and  regulations;  mav  send  out  tem- 
porarily from  the  miscellaneous  department  of  the  state  library 
such  books  as  may  be  designated  for  that  purpose  by  the  directors 
of  the  state  library,  or  any  books  given  or  bought  for  such  travel- 
ing librarv,  to  any  library  in  the  state  or  to  any  community  or  organ- 
ization which  has  conformed  to  the  regulations  of  the  commission. 
Books  so  sent  out  shall  be  kept  for  the  use  of  the  public  under  rejl- 
sonable  regidations.  Commission  shall  carry  on  this  work  as  far 
as  practicable,  and  shall  have  help  of  the  assistant  in  charge  of  the 
miscellaneous  department  of  the  state  library. 

Section  8253.     Publications: 

Authorizes  the  state  librarian  to  deliver  Supreme  Court  and  other 
reports  to  the  board  of  control  of  state  charitable  institutions. 
Places  the  Applington  Art   Gallery  under  control  of  the  Kansas 
State  of  Kansas  accepts  the  Applington  Art  Gallery. 

Section  8255.     Applington  Art  Gallery: 

Places  the  Applington  Art  Gallery  under  control  of  the  Kansas 
Traveling  Libraries  Commission. 

Section  8256.     Compensation: 

Provides  compensation  and  traveling  expenses  for  four  days  dur- 
ing the  year,  to  meml)ers  of  the  Traveling  Libraries  Commission. 

PUBLIC  LIBRARIES 

Laws,  1915,  Chapter  123 

Section   1.     Establishment: 

Upon  a  written  petition  of  twenty-five  percent  of  the  resident  tax- 
payers of  any  city,  presented  to  mayor  and  council,  mayor  and 
council  shall  sulimit  to  legal  voters  at  the  first  city  election  there- 
after, or  at  a  special  election,  if  petition  so  requests,  the  question  of 
establishing  and   maintaining   a   free   public   lilirary   and   reading 

96 


Kansas — 5 

room.  If  the  majority  of  votes  cast  are  in  favor,  the  mayor  and 
council  j^hall  annually  thereafter  levy  a  tax  in  a  sum  desig-nated  by 
the  resolution  of  the  directors  of  the  library,  not  to  exceed  one-half 
of  one  mill  on  the  dollar,  to  be  levied,  collected  and  known  as  tlu- 
Library  Fund;  and  providinc^,  that  in  cities  havinj^'  a  population  of 
forty  thousand  or  more  the  levy  shall  not  exceed  one-quarter  of 
one  mill. 

Laws,  1")13,  Chapter  80 

Section  1.     For  this,  as  amended  in  1915,  see  foreg'oinq;  section. 

Section  2.     Directors: 

When  any  city  shall  decide  to  establish  a  public  library,  the  mayor 
shall,  with  the  approval  of  the  city  council,  appoint  nine  directors, 
residents  of  the  city;  the  mayor  shall  be  ex-officio  member,  but 
no  other  city  official  shall  be  appointed.  No  director  shall  receive 
compensation. 

Section  3.     Terms  of  office: 

Directors  as  appointed  shall  hold  office,  two  for  one  vear,  two  for 
two,  two  for  three  and  two  for  four  vears.  \'acancies  shall  be 
fdled  by  appointment  for  four  years.  Mayor  may,  by  consent  of 
council,  remove  any  director  for  misconduct  or  neglect.  Vacancies 
shall  be  filled  in  same  manner  as  original  a))pointments. 

Section  4.     This  repeals  Sections  734,  735  and  736  of  the  General 
Statutes,  1909,  rei)laced  by  foregoing  sections  1,  2  and  3. 

General  Statutes,  1909 

Section  7Z7.     Oganization.     Powers: 

Directors  shall  organize  by  the  election  of  officers,  shall  adopt  by- 
laws and  rules,  shall  have  charge  of  ])rnperly,  shall  have  power  to 
purchase  or  lease  ground,  to  erect  buildings,  purchase  books,  etc., 
appoint  staff  and  fix  compensation,  to  remove  appointees,  and  shall 
have  exclusive  control  of  llu-  funds. 

Section  738.     Libraries  free: 

Libraries  shall  be  forever  free  to  the  inhabitants  of  the  city,  sub- 
ject to  the  rules  of  the  board. 

Section  739.     Report: 

Board  of  directors  shall  rcjiorl  annually  lo  mayor  and  city  council. 

Section  740.     Penalties: 

Mayor  and  city  council  shall  have  ]iowcr  to  pas-^  oi-dinances.  impose 
penalties  for  injury  to  library  property,  or  failure  to  return  books. 

97 


Kansas — 4 

Section  741.     Gifts: 

Donor  shall  have  the  right  to  vest  title  of  property  given  in  board 
and  board  shall  be  held  special  trustees. 

Section  742.     Transfer  of  Association  Library : 

Provides  for  the  transfer  of  property  of  a  library  association  to 
public  library  board. 

Section  743.     Same: 

Provides  for  the  board  of  directors  of  library  association  property 
thus  transferred. 

Laws,  1911,  Chapter  78 

Section  1.     Treasurer: 

Directors  of  Free  Public  Library  shall  elect  a  treasurer  holding 
office  for  two  years,  giving  bond  approved  by  city  council. 

Section  2.     Transfer  of  funds: 

City  treasurer  shall,  when  such  library  treasurer  has  been  duly 
certified  and  bonded,  pay  over  to  him  all  funds  collected  for  public 
library  to  be  thereafter  disposed  by  him  under  the  direction  of  the 
board  of  directors  of  the  library. 

Section  3.     Provides  form  of  payment. 

Section  4.     Puts  act  in  force  after  publication. 

Note,  Chap.  185,  gives  women  the  right  to  vote  on  all  library 
questions. 

CLASSIFICATION  OF  CITIES 

General  Statutes  1909 

Section  864.     First-class: 

Cities  attaining'  a  population  of  over  fifteen  thousand  in  any  census 
enumeration  taken  under  any  law  of  the  United  States  or  of  the 
State  of  Kansas  shall  become  cities  of  the  first  class. 

Section  1340.     Second-class: 

Cities  having  a  population  of  over  two  thousand  and  not  exceed- 
ing fifteen  thf)usand  shall  become  cities  of  the  second  class. 

Section   1510.     Third-class: 

Municipal  corporations  containing  not  more  than  two  thousand 
people  and  not  heretofore  organized  as  cities  of  the  second  class 
shall  become  cities  of  the  third  class. 

98 


KLansas — 5 

SCHOOL  DISTRICT  LIBRARIES 

Gkneral  Statutes,  1909 

Section  7546.     Tax: 

The  school  district  of  the  state  may  ^t  the  annual  meetinj^  of  each 
year  vote  a  tax  of  not  to  exceed  two  mills  on  the  dollar  in  districts 
having-  property  to  the  amount  of  not  more  than  tv^enty  thousand 
($20.000 )  dollars,  in  districts  having  more  than  twenty  thousand 
($20,000)  dollars  and  not  more  than  thirty  thousand'  ($30,000) 
dollars  a  tax  of  not  more  than  one  and  one-half  mills,  in  districts 
having  property  more  than  tliirty  thousand  ($30,000)  dollars  and 
not  more  than  fifty  thousand  ($50,000)  dollars  a  tax  not  exceeding 
one  mill,  in  districts  having  more  than  fifty  thousand  ($50,000) 
dollars  a  tax  not  exceeding  one-half  mill. 

Section  7547.     Purchase  of  Library: 

The  money  so  collected  shall  be  used  under  the  direction  of  a 
board  for  the  purchase  of  a  school  district  library  including  only 
works  of  history,  1)iography,  science  and  travels. 

Section  7548.     Lilirarian: 

District  clerk  sliall  l)e  lil)rarian,  unless  board  appoint  some  one 
else;  board  shall  make  regulations. 


99 


Kentucky — I 

KENTUCKY 

STATE  LIBRARY 

Khxtccky  Statutes,  5tii  ed.,  1915,  J.  D.  Carroll 

Vol.  1,  Chapter  78,  1893 

Section  2439.     Rooms: 

Designates  rooms  in  the  capitn]  for  the  state  lil^rary. 

Section  2440.     Eunds: 

Sets  apart  five  hundred  ($500.00;  dolhirs  i)er  annum  and  the 
tax  on  all  appeals  in  the  court  of  appeals  for  the  "radual  increase 
of  the  library. 

Section  2441.     Reports  of  books  purchased: 

Librarian  shall  report  annually,  lists  of  liooks  purchased  under 
the  foregoing  authority,  not  to  exceed  five  hundred  ($500.00)  dol- 
lars in  any  one  year. 

Section  2442.     Literary  works: 

Authorizes  the  librarian  to  further  expend  each  year  the  sum  of 
two  hundred  ($200.00)  dollars  on  literary  and  miscellaneous  books. 

Section  2443.     Specifics  books  now  on  hand  shall  constitute  a  iiart 
of  the  state  library. 

Section  2444.     L'se  of  library: 

Prescribes  rules  for  the  use  of  the  library  and  i:)enalties  for  their 
violation. 

Section  2445.     Librarian  (1910): 

Provides  for  tlic  election  of  a  librarian  for  four  years. 

Section  2446.     Bond: 

Requires  a  bond  of  five  thousand  ($5,000.00)  dollars  of  the  librarian. 

Section  2447:     Library  staff: 

Provides  for  an  assistant  librarian  and  additional  clerical  helj). 

Sec'pion  2447  a.     Provides  a  clerk  for  the  librarian. 

Section  2448.     Provides  fnr  a  jjorter. 

Section  2449.     Duties  of  librarian: 

To  keep  the  library  rooms  open  every  day  except  .Sunday  for  speci- 
fied hours.  Keej)  the  librarv  rooms  and  jjropcrty  in  order.  To 
have  i>re])ared  a  comi)lete  catalog  to  be  ])rinled  every  six  years:  to 
receii)t  for  all  i)ro])erty. 

101 


Kentucky— 2 

Section  2450.     Trustees: 

Secretary  of  state,  attorney  general  and  auditor  of  public  accounts 
shall  be  trustees  of  the  library.  They  shall  see  that  the  librarian 
properly  discharg-es  the  duties  of  his  office. 

Section  2451.     Suit  by  librarian  : 

Librarian  shall  sue  any  person  for  a  book  or  other  property  which 
he  fails  to  return  or  for  damage  done  to  library  property. 

Section  2452.     Sale  and  exchange  of  books : 

Authorizes  librarian  to  sell  or  exchange  certain  state  publications. 

Section  2453.     Expenditures: 

Librarian  shall  keep  an  itemized  account  of  expenditures  and  re- 
port same  to  general  assembly  at  each  stated  session. 

Section.s  2454  and  2455.     Stationery: 

Provide  that  the  librarian  shall  provide  stationer}-  for  the  ]mblic 
office  and  prescribes  the  manner  of  buying  it. 

Sections  2456  and  2457.     Publications  for  exchange: 

Provide  for  supplying  the  librarian  with  cojiies  of  decisions  of  the 
court  of  appeals  for  exchange  with  other  states  and  i)rescribes 
method  of  exchange. 

Section  2458.     Executive  office: 

Prescribes  certain  lxK)ks  which  are  to  be  provided  for  the  executive 
office. 

Section  2459.     Inventory: 

Provides  that  each  librarian  shall  turn  over  to  his  successor  in- 
ventories of  all  property. 

Section   2460.     Authorizes   the  librarian   to  have   water    from    the 
Frankfort  waterworks  turned  into  the  fountain  in  Capitol  Stjuare. 

Section  2461.     Compensation: 

Allows  librarian  and  assistant  lilirarian  no  further  compensation 
than  salary  provided. 

Section  2462.     \^acancy: 

Gives  the  governor  authority  to  fdl  an\'  \acancy. 

LIT.RARY  CO^IMISSIOX 
Kentc  Kv  St.vtutes,  5Tn  Ed.,  1915,  J.  D.  C.vkkoll,  \'o\..  1. 

Chapter  77c,  1910 
Section  2438  c. : 
1.     Creation: 

A  commission  of  five  members  is  hereby  cre:ited  known  as  the  Ken- 
tucky library  commission;  to  be  constituted  as  hereinafter  provided; 
to  have  permanent  quarters  in  the.capitol. 

102 


Kentucky — 3 

2.  Members.     Appointment.     Term.     Expenses: 

]\Iembers  of  the  commission  shall  be  appointed  by  the  .governor, 
one  each  for  one,  two  and  three  years  and  two  for  four  years; 
thereafter  commissioners  shall  be  appointed  annually  for  a  term 
of  four  years.  At  least  one  meml)er  of  the  commission  shall  be 
a  woman,  who  shall  be  appointed  from  a  list  of  not  less  than  three 
names,  presented  by  the  Kentucky  Federation  of  Women's  Clubs. 
\^acancies  shall  be  filled  by  g-overnor  for  unexpired  terms.  No 
commissioner  shall  receive  compensation,  but  actual  ex])enses  in- 
curred in  the  performance  of  said  duties  shall  ])e  paid.  No  com- 
missioner shall  be  eno,a,<2:ed  or  interested  in  the  pulilisbing-  busi- 
ness. 

3.  Officers.     Secretar}': 

The  officers  shall  l)c  a  chairman,  elected  from  members,  a  secre- 
tary not  a  mcml)er,  a  person  trained  in  modern  library  methods. 
Secretary  shall  be  ai)])ointed  bv  the  commission  and  serve  at  the 
will  of  the  commission  at  a  salarv  not  exceeding-  fifteen  hundred 
($1,500.00)  dollars,  and  he  shall  keep  a  record  of  proceedings; 
accounts  of  financial  transactions;  shall  have  charge  of  organizing 
and  improving  libraries,  sui)ervising  the  traveling  libraries,  an<l 
])erforming  such  other  duties  as  may  be  assigned  by  the  commis- 
sion. The  commission  is  authorized  to  emplov  such  further  help 
as  may  be  necessary.  Actual  expenses  of  staff  \\  bile  absent  on  com- 
mission duty  will  be  jiaid. 

4.  Duties  and  i^owers  of  commission : 

The  commission  shall  give  assistance  and  counsel  to  all  institutional 
and  public  libraries  and  all  connnunities  ))roposing  to  cslablish 
libraries,  upon  the  best  methods  of  lil)rary  org-anization  and  may 
send  any  of  its  members  to  aid  in  such  organization.  It  may  re- 
ceive gifts  of  money,  books  or  other  i)roi)erty.  It  may  iiurchasc 
and  operate  traveling  libraries.  It  may  issue  printed  material  such 
as  lists,  and  circulars  of  information  and  mav  cooperate  with  other 
state  library  commissions  and  libraries.  It  mav  conduct  courses 
of  library  instruction  and  hold  librarians'  institutes.  It  sli.ill  per- 
form such  other  service  in  I)ehalf  of  public  libraries  as  it  mav  con- 
sider for  the  best  interests  of  the  state. 

5.  The  commission  ^^hall  liienni;ilv  report  to  the  governor  and  this 
report  when  printed  shall  be  presented  to  the  general  assembly  and 
distributed  by  the  commission.  The  re|)orl  shall  be  jirinted  under 
the  same  regulations  as  other  rei)orts  of  the  executi\e  officials  of 
the  state. 

6.  Expenses : 

The  auditor  is  authorized  to  draw  warrants  for  expenses  on  the 
order  of  the  Kentucky  library  commission. 


Kentucky — 4 

7.     Appropriation: 

To  carry  out  the  provisions  of  this  act,  the  sum  of  six  thousand 

($6,000.00)  dollars  is  appropriated  annuall}-. 

CLASSIFICATION  OF  CITIES  AND  TOWNS 

Kentucky  Statutes,  1915,  J.  F).  Carroll,  Vol.  2 

Section  27-+0.     Six  classes: 

The  cities  and  towns  of  the  commonwealth  are  classified  as  follows, 
to-wit :  First  class,  Louisville;  second  class,  Lexin.a^ton,  Covin.ii"- 
ton,  Newport,  Paducah;  third  class,  Owensboro,  Henderson, 
Frankfort,  Bowling-  Green,  Middlesboro,  Hopkinsville;  fourth  class, 
thirty-five  cities  named;  fifth  class,  sixty-seven  cities  named;  sixth 
class,  all  other  incorporated  cities  and  towns. 

PUBLIC  LIBRARIES 

Cities  of  the  First  Class,  Louisville 

Section  2801  a.     Contract  for  use  of  existing-  library: 

1.  The  mayor,  with  consent  of  ,s;eneral  council,  may  contract  for 
a  period  not  exceeding-  five  years  and  renew  the  same  from  time 
to  time  thereafter,  with  the  association  or  corporation  owning  and 
controlling  an  existing  lil)rarv  which  contains  not  less  than  fifty 
thousand  volumes  to  the  end  that  such  library  shall  be  free  and 
open  to  the  public  and  all  persons  residing  or  sojourning  in  such 
city  at  all  reasonable  times  and  under  proper  regulations  except 
that  it  may  be  closed  on  Sunday  if  deemed  proper  by  such  associa- 
tion. It  shall  be  provided  that  such  librarv  shall,  during  the  period 
covered,  be  open  and  free  to  the  general  pul)lic,  subject  to  the  proper 
rcg'ulation  by  such  governing  body,  being  equal  and  free  to  all 
persons  applying  therefor ;  that  it  shall  be  non-sectarian  and  ])e  so 
conducted,  and  its  reading;  rooms  and  circulating-  departments  shall 
be  maintained  free  and  open  to  the  pul)lic. 

2.  Tax  levy.     Report : 

As  consideration  for  such  public  use  such  citv  shall  annuallv.  in 
fixing  the  tax  rate,  include  a  levy  for  library  purposes  not  exceeding 
two  cents  on  each  one  hundred  ($100.00)  dollars,  to  be  paid  over 
lo  the  association  aforesaid.  Said  association  shall  annuallv  rci^ort 
to  the  mayor. 

Section  2801  b.     Free  librarv  n^av  lie  established: 

1.  Anv  citv  of  the  li'-st  class  mav  establish  and  maintain  a  free 
public  iil)rary  with  circulating;  and  reference  departments,  read- 
ing rooms.  l)ranchcs  and  stations.  The  uses  and  i)rivileg-es  of  such 
librarv  sh;ill  forever  be  free  and  equal  lo  all  residents  of  such  city, 
subject  only  to  the  rules  and  regulations  established  bv  the  board 

104 


Kentucky — 5 

of  trustees.  Such  boanl  may  extend  the  privileg'e  and  use  of  such 
hl)rary  to  persons  residing"  outside  the  city  upon  such  conditions 
as  it  may  prescribe. 

2.  ^\'hen  act  becomes  ofierative: 

The  j^'cneral  council  may  b^'  ordinance  signify  its  intent  to  estabhsh 
a  free  hbrary  under  the  ])rovisions  of  this  act  and  Avhen  it  shall 
have  been  so  ordained  the  said  city  shall  thereafter  Ije  treated  as 
having-  exercised  its  discretion  to  estal)lish  such  librarv  and  the 
subset |uent  provisions  of  this  act  shall  then  become  operative. 

3.  Trustees : 

The  mayor  shall  then  name  twelve  trustees,  three  for  one,  three  for 
two,  three  for  three  and  three  for  four  years  and  as  these  terms 
expire,  shall  appoint  their  successors  for  four  years.  No  person 
shall  be  eligible  who  is  not  at  the  time  a  taxpayer,  qualified  voter  and 
a  resident  for  the  two  years  prior.  No  salary  or  compensation 
shall  be  paid  or  received  by  such  trustee.  The  twelve  trustees  to- 
g'ether  with  the  mayor,  ex-officio,  shall  constitute  a  board  of  trus- 
tees of  the  free  public  library  and  shall  be  a  corporation  with  power 
to  make  rules  to  a^overn  itself  and  to  control  and  mana.si'e  the  prop- 
ertv  entrusted  to  its  care,  to  contract  and  be  contracted  with,  to  sue 
and  be  sued,  to  defend  and  be  defended  in  all  courts,  to  acquire  by 
gift,  devise  or  otherwise  and  to  hold  real  and  personal  property  for 
tbe  public  library,  tn  establish,  manage,  convey  or  rent  property, 
to  erect  buildings,  to  have  a  seal.  Vacancies  shall  be  filled  in  like 
manner  as  original  appointments. 

4.  ATeelings.     Organizalion: 

Board  shall  meet  monthly  and  nftener  if  necessary.  A  majority  shall 
constitute  a  riuorum,  but  no  appropriation  of  money  except  for  or- 
dinary exiienditure  shall  be  made  unless  upon  the  affirmative  vote 
of  a  majoritv  of  the  members.  Except  for  the  purjiose  of  erecting 
a  librarv  building,  the  board  shall  not  incin-  1i;\bilities  for  anv  cur- 
rent year  in  excess  of  its  annual  income,  including  gifts  and  un- 
expended balances.  It  shall  organize  bv  selecting  a  jiresident  and 
vice-president  of  its  own  number  and  niav  choose  a  secretary  and 
treasurer  and  such  other  officers  as  it  niav  deem  proper,  prescribe 
their  duties,  fix  their  compensation  and  remove  at  pleasure. 

5.  Funds: 

All  monies  shall  be  deposited  in  some  chartered  bank  in  said  citv. 
Funds  shall  be  withdrawn  only  on  order  of  the  board  by  check  of 
its  trea'^urer,  countersigned  bv  its  president  or  vice  president. 

6.  Tax: 

To  raise  money  for  the  establishn^ent  and  maintenance  of  the  librarv, 
the  common  council  shall  anm'allv  cau^e  to  lie  levied  a  tax  of  not 
less  than  two  and  one-half  cents  nor  more  than  four  cents  on  each 

10.T 


Kentucky — 6 

one  hundred  ($100.00)  dollars.  The  amount  so  collected  shall  be 
paid  over  to  the  board  of  trustees  by  the  city  treasurer  in  regular 
weekly  installments.  The  board  shall  annually  report  to  the  g'eneral 
assembly.  No  portion  of  the  property  or  funds  held  or  raised  for 
library  purposes  shall  ever  be  applied  to  the  support  of  any  library 
not  exclusively  under  the  control  and  mana.o-ement  of  the  board  of 
trustees  as  herein  provided. 

7.  Propertv  may  be  accepted: 

The  beard  of  trustees  mav  accept  such  o-ifts  and  donations  of  prop- 
erty upon  such  conditions  not  in  conflict  with  the  constitution  and 
laws  as  may  be  ag'reed  upon  by  said  board  and  the  donor,  and  the 
title  of  such  property  shall  be  vested  in  such  board  of  trustees  and 
the  citv  may  be  a  partv  to  any  deed  or  instrument  for  the  purjjose 
of  carrying-  out  such  arran.s^ement. 

8.  Penalty : 

The  s^eneral  council  shall  have  power  to  pass  ordinances  imposinis; 
suitable  penalties  for  injury  to  the  library  or  o-rounds,  or  for  dis- 
orderly conduct,  or  for  injury  to,  or  failure  to  return  books. 

(Note:  The  Louisville  Public  Library  operates  under  the  provisions 
of  Section  2801  a  and  2801  b.  Under  2801  a  it  acquired  the  library 
and  other  property  of  the  Polytechnic  society. 

TAX  LEVY 

Section  2981.     Ordinance  fixing-  rate  and  subdivision  of  levy: 

In  the  ordinance  fixing,  for  any  year,  the  tax  rate,  the  genernl 
council  shall  subdivide  its  levy  as  follows: 

*  *  =•'  a  levy  for  library  purposes  *  *  *  fhe  general 
council  shall  cause  the  foregoing  levies  to  be  made  for  the  puri^oses 
stated,  bv  an  ordinance  fixing  the  tax  rate  each  year.  (Act  of 
March  20,  1900). 

Public  Libraries  in  Cities  of  the  Second  Class — Lexington, 

CoviNCTON,  Newport,  Paducaii 

Section  3210.  Establishment.  Control.  Use.  ApproiM-iation: 
As  soon  as  a  sufficient  fund  for  the  purpose  shall  be  accumulated 
under  the  provisions  of  this  act,  augmented  bv  contributions  or 
otherwise,  tlicre  shall  be  established  and  maintained  a  free  T)ublic 
library;  imder  the  direction  and  control  of  a  board  of  five  trustees, 
appointed  by  the  mayor  for  a  term  of  four  years,  such  board  sh  ill 
have  custody,  n^anagemcnt  and  exp?nditure  of  all  funds  for  public 
library  pur])oscs;  shall  serve  without  compensation;  shall  each  give 
bond  "of  five  thousand  ($5,000.00)  dollars;  shall  take  oath.  Said 
board   shall  have  pf)wer  to  estal)lish,   maintain   and   conduct   said 

lor, 


Kextucky — 7 

library,  to  estal)li?h  rules  and  resulatinns.  Said  library  sliall  be 
open  and  free  to  the  piil)lic  under  reasnnalile  regulations  until  at 
least  nine  o'clock  at  night,  but  niav  be  closed  on  Sunday.  When 
there  is  already  established  in  the  city  a  public  library,  the  board 
of  trustees  may  enter  into  an  agreement  with  the  person,  associa- 
tion or  corporation  owning  or  controlling  such  library,  whereby 
such  library  may  be  transferred  or  !ea?ed  to  said  board  for  a  term 
of  years,  or  in  perjjetuily,  or  united  with  that  established  by  the  city 
under  the  provision  of  this  act.  Said  board  shall  be  strictly  non- 
sectarian.  For  such  library  there  is  hereby  approiM-iated  and  the 
.general  council  shall  annually  direct  to  be  paid  oyer  to  said  library, 
three  per  cent  of  the  net  amount  of  taxes  leyied  annually  in  the 
city  for  school  purposes  and  one-half  of  the  net  amount  of  all  fines, 
and  costs  collected  in  the  police  court. 

(Note:  A  note  in  the  Code  in  connection  with  this  section,  3210, 
says,  "So  much  of  this  section  as  provides  that  a  portion  of  the 
funds  collected  for  school  purposes  shall  be  devoted  to  the  library 
is  unconstitutional,"  and  gives  references  to  Kentucky  reports.) 

Sectiox  3210  a.  \Micn  ajipropriations  shall  be  made  compulsory. 
Covington : 
Whenever  any  city  of  the  second  class  under  laws  heretofore  en- 
acted shall  accumulate  money  to  the  amount  of  twenty  thousand 
($20,000.00)  dollars  for  the  purpose  of  establishing  and  maintain- 
ing a  free  library,  then  it  is  made  the  duty  of  every  such  common 
council  to  a])proi)riale  annually  for  the  supjiort  of  such  public  library 
such  sums  of  money  as  may  1)e  necessary  with  funds  otherwise  pro- 
vided to  make  the  total  annual  sum  ai:)plied  to  such  purpose  by  such 
city,  not  less  than  the  sum  of  five  thousand  ($5,000.03)  dollars. 
Any  citizen  or  taxj^ayer  or  any  contributor  to  the  funds  may  by 
action  enforce  performance  of  this  act. 

Covington.  The  fact  having  been  made  known  to  the  general  as- 
sembly it  is  hereby  declared  that  in  the  city  of  Covington  more 
than  the  sum  of  twenty  thousand  ($20,000.00)  dollars,  has  by 
laws  heretofore  enacted,  been  accumulated  for  the  establishment  and 
maintenance  of  a  free  public  library,  i^rovided  that  nothing  herein 
shall  \yi  construefl  as  requiring  any  approi)riation  to  be  made  by 
any  city  in  which  there  is  now  established  a  free  public  library, 
su))i)orted  and  mainiained  in  whole,  or  in  part  bv  such  citv. 

CiTii:s  OF  Tiiic  Sb: 'OND  .w'l)  TiMun  Ci-.A-Ss 

Skctiox  3210  b.     'i'rustees.     .\i)i-)ointment.     Duties.     Funds.     Con- 
tracts for  gifts.     .Andrew  Carnegie: 

As  soon  as  a  sufficient  fund  for  that  i)in-i)ose  shall  be  accmnulaled 
under  the  provisions  of  this  act,  augmented  by  private  contriini- 
tions  or  otherwise,  in  any  citv  of  the  second  or  third  class,  there 

107 


Kentucky — 8 

shall  be  established  and  maintained  in  snch  city  a  free  pnl)lic  library 
and  in  cities  of  the  second  and  third  class,  wherein  under  any  act 
of  the  general  assembly,  a  free  library  has  been  established,  the 
same  shall  continue  as  herein  provided.     Said  free  public  library 
sb.all  be  under  the  direction  and  control  of  a  board  of  seven  trustees 
and  such  board  is  hereby  declared  a  body  politic  and  corporate ;  may 
contract,  or  be  contracted  with,  sue  and  be  sued  and  use  corporate 
seal,  may  purchase,  hold  and  dispose  of  real  and  personal  estate, 
shall  have  the  custody,  management  and  expenditure  of  all  funds 
for  public  library  purposes.     The  mayor  of  the  city  and  the  presid- 
ing judge  of  the  county  court,  in  case  the  county  contributes  annu- 
ally to  the  public  library  shall  be  exofficio  members.    The  remaining 
five  members  shall  be  appointed  by  the  mayor.     After  the  first  ap- 
pointment their  terms  to  be  four  years.     Not  more  than  four  mem- 
bers shall  be  of  the  same  political  ivarty  and  two  members  shall  be 
women  and  five  members  shall  be  men.     The  members  shall  be 
citizens  and  housekeejiers  not  less  than  thirty  years  of  age;  shall 
serve  without  compensation  and  shall  each  give  bond  of  five  thous- 
and ($5,000.00)  dollars.    Said  board  shall  have  no  power  to  charge 
any  of  the  property  of  said  corporation  with  any  debt  or  liability 
and  shall  at  no  time  expend  any  money  in  excess  of  the  annual  ap- 
propriation, and  should  said  board  attempt  to  impose  any  debt  or 
liability  or  any  contract  in  excess  of  these  provisions,  all  such  con- 
tracts and  liabilties  shall  be  void,  as  against  the  public  library,  and 
such  members  of  the  board  as  may  vote  for  such  debts,  liabilities  or 
expenditures,  that  many  shall  be  personallv  liable  for  the  same. 
Said  board  shall  have  power  to  establish,  maintain  and  conduct 
said  free  public  library,  to  adopt  rules  and  regulations.    Said  lil)rary 
shall  be  open  free  to  the  public  under  regulations  of  the  board,  dur- 
ing reasonalile  hours  and  may  be  closed  on  Sundav.     When  there 
is  already  established  in  the  city  a  public  or  private  librarv,  the  iioard 
of  trustees  of  the  public  library  may  enter  into  an  agreement  with 
the  association  or  corporation  owning  such  library.  whereb\-  such. 
library  may  be  transferred  or  leased  to  said  board  of  trustees  for 
a  term  of  vears,  or  in  perpetuitv.  or  united  with  that  established  b^ 
the  city.     Said  librarv  shall  be  non-sectarian  and  non-partisan.  The 
legislative  body  of  the  city  shall  bv  proper  ordinance,  provide  pen- 
alties for  the  preservation  of  librarv  property,  for  the  prevention 
of  trespass  upon  the  grounds  and  for  the  proper  conduct  of  patrons 
of  sairl  library.     All  fines  and  costs  collected  for  the  violation  of 
such  ordinances  shall  be  paid  over  to  the  trustees  of  the  library. 
For  the  establishment  and  maintenance  of  such  librarv  there  is 
herebv    appropriated  and  the  general  council  shall  annuallv  direct 
to  be  paid  over  to  the  trustees  of  the  librarv  three  per  cent  of  the 
net  amount  of  taxes  levied  annuallv  for  county  school  purposes  and 
one-half  of  the  net  amount  of  all  fines  and  costs  collected  m  the 
police  court  and  to  furlh?r  aid  in  the  establishment  and  maintenance 

108 


Kentucky — 9 

of  such  public  library,  the  general  council  of  the  city  and  the  fiscal 
court  of  the  county,  either  or  both,  jointly  or  separately  are  hereby 
authorized  and  empowered  to  accept  by  ordinance,  resolution,  order 
or  contract  (and  if  necessary  unite  with  the  board  of  trustees  of 
the  public  library )  any  donation  that  may  have  been  offered  or  may 
hereafter  be  offered  by  Andrew  Carnes^ie,  or  any  other  ])erson, 
association  or  corporation  and  comply  with  conditions  upon  which 
said  donations  may  be  offered  and  accepted  and  make  the  terms  of 
said  contract  perpetually  binding^  upon  said  city  and  county  and 
said  s"cneral  council  of  the  city  and  fiscal  court  of  the  county,  shall 
annually  levy  such  special  tax  as  may  be  necessary  to  comjily  with 
said  conditions  or  terms  of  contract  and  to  provide  the  sums  of 
money  a.si'reed  therein  to  be  paid  annually  and  perpetually  for  the 
maintenance  of  said  public  library  and  shall  cause  the  same  to  be 
collected  as  and  when  other  taxes  are  collected  and  paid  over  prompt- 
ly to  the  board  of  trustees  of  the  public  library.     (  1902). 

Section  3211.  Examination  of  police  court  and  justices'  records: 
Whenever  ordered  to  do  so  by  the  mayor,  the  auditor  shall  examine 
the  records  and  proceedinq;s  of  the  police  court  and  all  courts  of 
jtistices  of  the  peace  of  the  citv  and  ascertain  and  report  to  the 
mayor  all  costs,  fees,  fines,  monies  upon  judg'ments  or  replevin 
bonds,  or  other  monies  that  mav  be  due  to  the  city,  and  the  mayor 
shall  sec  that  such  steps  are  taken  and  ])roceedini^"s  had  as  may  be 
necessary  to  have  collected  and  paid  into  the  trcasurv  all  such  costs, 
fees,  fines,  monies  due  upon  judQ;ments  or  replevin  bonds,  or  other 
monies  that  may  be  due  to  the  citv  or  that  may  have  been  collected 
by  any  officer  or  person  and  not  paid  into  the  treasury. 

Piinr.Tc  LiiiRARiES  IN  Cities  or  Towns  of  the  TiiiRn,  Fourth, 

Fifth  and  Sixth  Classes 
Section  34<S0  a: 

1.  Municipal  authorities  of  any  city  or  town  of  the  third,  fourth, 
fifth  or  sixth  classes  shall  have  power  to  establish  and  maintain  a 
public  library  and  readint^  room  or  rooms  for  the  ttse  of  the  in- 
habitants of  said  city  or  town,  and  for  that  purpose  may  levy  and 
collect  annually  a  tax  not  to  exceed  ten  cents  on  each  one  hundred 
dollars  of  the  assessed  value  of  proi^erty  therein,  subject  to  taxa- 
tion. 

2.  Directors.     Appointment: 

When  it  has  been  determined  to  establish  and  maintain  such  public 
library  or  readin.ef  room,  the  mayor  of  such  city,  or  chairman  of 
the  board  of  trustees,  shall,  with  the  approval  of  the  council  or 
trustees,  ajipoint  a  board  of  five  directors,  residents  of  the  city. 

3.  Terms  of  office: 

The  directors  first  appointed    shall  hold  office  two  for  four  years 

109 


Kentucky — -10 

and  one  each  for  three,  two  and  one  year.  Their  successors  there- 
after shall  be  a]jpointed  for  four  years. 

4.  Rules.     Meeting's : 

Directors  shall  org-anize  by  electing-  one  of  their  number  president, 
and  by  election  of  secretary  and  such  other  officers  as  they  may 
deem  necessary,  shall  make  rules  for  their  own  guidance  and  for 
the  library. 

5.  Powers  and  duties  of  directors.     Library  fund: 

All  revenue  and  money  paid,  collected  or  received,  whether  by  dona 
tion,  gift,  devise,  bequest  or  otherwise,  shall  be  designated  as  the 
library  fund.  It  shall  be  paid  into  the  city  treasury,  kept  separate 
from  other  funds.  The  board  of  directors  shall  have  exclusive  con- 
trol of  the  expenditure  of  all  money,  construction  of  any  building, 
the  care,  custod)'  of  grounds,  rooms  and  buildings,  shall  have  power 
to  purchase  or  lease  ground  or  buildings  and  to  erect  buildings,  to 
emplo)'  a  library  staff,  fix  their  compensation  and  remove  them, 
and  in  ^general  to  carry  out  the  spirit  and  intent  of  this  act.  May 
order  the  payment  of  money  upon  vouchers  certified  by  president 
and  secretary,  may  purchase  books  and  other  personal  property, 
but  all  expenditures  are  limited  to  the  amount  to  the  credit  of  the 
library  fund  in  each  fiscal  year. 

6.  Library  to  be  free.     Traveling"  library: 

Every  library  and  reading  room  established  under  this  act  shall  be 
forever  free  to  the  use  of  the  inhabitants  of  the  city  where  located, 
subject  to  reasonable  rules  and  the  library  board  may  exclude  from 
the  library  all  persons  who  wilfully  violate  such  rules.  Board  may 
permit  non-residents  to  use  the  library,  may  send  out  traveling 
libraries  in  their  own  or  adjacent  counties,  may  contract  with  the 
fiscal  court  in  the  county  in  which  the  library  is  situated,  or  with 
individuals  or  associations,  or  with  the  members  of  the  fiscal  court, 
school  board,  trustees  or  common  council  of  s.\iv  adjacent  county, 
city,  town  or  school  district,  to  loan  books  of  said  library,  singly  or 
in  traveling  libraries,  to  the  residents  of  such  county,  etc.,  and  the 
fiscal  court,  council,  board  of  school  trustees  of  any  such  county, 
citv,  town  or  school  district  are  empowered  to  make  contracts  for 
such  i)urposes  and  to  pay  consideration  agreed  upon  herein. 

7.  Reports: 

."^aid  board  shall  rciiort  annuallv  to  the  municipal  authority  of  the 
city,  as  to  the  conditimi  of  the  lil)rarv  property  and  add  a  financial 
report. 

8.  Ordinances: 

^lK'  rit\-  or  town  wliercin  such  pulilic  librarv  or  reading  rooms  are 
established,  shall  have  power  to  pass  ordinances  for  the  protection 
of  the  li1)rarv  propcrtv  and  impose  penalties  for  injurv  to.  or  failure 

110 


Kentucky — 1 1 

to  return  it ;  they  shall  htu'e  power  to  "frant,  donate  or  authorize 
the  use  of  an}-  land,  square,  or  real  estate  l^elong.ing'  to  the  city  for 
the  purpose  of  erectino-  a  public  library  building-. 

9.     Donations : 

An)'  person  desirin_^  to  make  donations  of  money,  personal  property, 
or  real  estate  for  the  benefit  of  such  library  shall  have  the  rig-ht  to 
vest  the  title  of  the  property  so  donated  in  the  board  of  directors, 
created  under  this  act,  to  be  held  and  controlled  by  such  board  when 
accepted  accordin.c:  to  the  terms  of  the  deed,  g-ift,  devise  or  bequest 
of  such  property  and  as  to  such  proi:)erty  the  said  board  shall  be 
held  and  considered  to  be  special  trustees.  (Verbatim) 

Public  School  Ltt.raries  in  Cities  of  the  Fourth  Class 
Section  3604.     Public  school  library: 

Said  board  of  education  shall  have  the  power  to  establish  and  main- 
tain a  public  school  library  out  of  the  funds  comina:  into  its  hands, 
except  that  received  by  taxation  or  from  the  state  funds  and  also  to 
purchase  text  books  for  indigent  children  of  the  city  and  to  other- 
wise expend  such  monies  in  the  interest  of  the  public  schools.  Such 
board  of  education  shall  have  i:)ower  and  right  to  make  rules  and 
regulations  governing  said  school  library.  (Verbatim) 

County  AND  District  (School)  Lip.rarie.s 

Kentucky  Statutes,  1915,  \'ol.  2,  J.  D.  Carroll 

Section  4518.     Establishment.     Funds: 

There  shall  be  a  county  teachers'  li])rarv  in  each  countv  of  the  com- 
monwealth under  the  care  and  in  the  office  of  the  countv  sujierin- 
tendent  for  the  exclusive  use  of  the  teachers  of  the  county.  The 
sums  collected  for  the  purpose  at  each  annual  institute  and  all  addi- 
tional donations  shall  constitute  the  countv  lil)rarv  fund  to  ])v  kepi 
and  accounted  for  by  the  countv  superintendent. 

Section  4519.      Liljrary  committee: 

The  count}'  sui)erintendent  as  chairman  and  two  i)ers(ins  annuallv 
elected  by  the  county  institute  shall  constitute  ihe  Iibrar\  cuniniiilee, 
for  the  selection  and  purchase  of  books  and  equii)meiU,  ruid  the 
adojitifm  of  rules.  Tiie  superintendent  of  |)ublic  instruction  shall 
sup])ly  each  lil)rary  with  the  i)ublications  of  his  dei)arlnicnt.  The 
lil)rary  committee  shall  keep  a  record  and  annuallv  rejiort  to  the 
countv  institute  and  the  countv  -superintendent  shall  re])orl  annuallv 
to  the  superintendent  of  i)ulilic  instruction. 

Section  -1520.      District   library. 

When  by  contribution.  ])urchase  or  otherwise,  forty  volumes  can 
be  Collected  for  such  purpose,  tlu'  district  triHlees  niav  organize  a 


Kentucky — 12 

district  library  in  connection  with  tlie  school  or  district  for  the  use 
of  the  district.  They  may  make  arrani^-ements  for  keeping  books, 
etc.,  appoint  a  suitable  person  to  take  charg-e  and  prescribe  rules. 

Section  4521.  Trustees.  Character  of  books.  Use  of  library: 
The  district  trustees  shall  control  the  library;  may  receive  donations. 
No  book  of  sectarian,  infidel  or  immoral  character  shall  be  placed 
in  the  library.  Library  shall  be  free  to  all  pupils  of  suitable  agfc 
belono-ing-  to  the  schools  of  the  district.  Any  resident  of  the  dis- 
trict may  be  entitled  to  privile.oes  upon  such  payment  as  the  trus- 
tees may  prescribe. 

PENALTY  FOR  INJURING  BOOKS 

Kentucky  Statutes,  1915,  J.  D.  Carroll,  Vol.  1 

Section  1264.  Any  person  who  shall  wilfully  cut  or  tear  out  of  any 
book,  newspaper,  periodical  or  an}^  literary  work  or  production 
whatever,  any  leaf,  picture,  painting  or  engraving,  or  in  any  other 
manner  mutilate,  destroy  or  injure  any  such  book,  newspaper, 
periodical,  or  any  other  literary  work  or  production  whatever,  kept 
in  any  public  library,  *  ^  *  shall  be  fined  not  less  than  twenty 
nor  more  than  one  hundred  dollars. 


n: 


LoursiAXA — 1 
LOUISIANA 

STATE  LIBRARY 

Anxotated  Statutes,  1915,  R.  H.  Marr,  Vol.  2 

Section  4238.     Establishment : 

Tlierc  shall  be  establii^hed  a  public  library  in  the  stale  of  Louisiana 
which  shall  he  placed  in  the  state  house. 

Section  4239.     Librarian  and  assistant: 

Authorizes  secretary  of  state  to  employ  a  librarian  and  an  assist- 
ant librarian,  who  shall  each  oive  bond  for  fiye  thousand  ($5,000j 
dollars. 

Section  4240.     Salaries: 

Proyides  for  salaries  of  stale  librarian  and  assistant  librarian. 

Section  4241.      Proyides  additional  assistant. 

Section  4242.     Inyentory: 

Requires  an  inyentory  to  be  made  under  the  inspection  of  the  secre- 
tary of  state  and  slate  treasurer. 

Section  4243.     Two  copies: 

Retiuires  two  copies  of  said  inventory  si,y;ned  by  the  secretary  of 
state,  librarian  and  state  treasurer ;  one  deposited  with  the  secretary 
of  state  and  the  other  with  the  librarian. 

Section  4244.     Librarian's  responsibility: 

Librarian  shall  l)e  responsible  for  all  bonks  and  other  property. 

Section  4245.     Catalogs: 

Requires  two  classed  catalog's,  one  of  books  and  documents  to  be 
preserved  and  the  other  of  books  and  documents  to  be  distributed. 

Section  4246.     Recjulalions : 

Secretary  of  state  shall  make  rules  and  regulations. 

Section  4247.     Librarian's  duties: 

Labrarian  shall  attend  every  day  except  Sundays  and  les^al  holi- 
days and  the  secretary  of  state  shall  remove  him  for  inattention. 

Section  4248.     Library  hours: 

Library  hours  8:00  A.  M.  to  5:00  P.  M.  except  Sundays  and  holi- 
days. 

Section  4249.     Librarian's  liability: 

Librarian,  upon  retiriui;-  from  ofhce  shall  account  for  all  i)roperty 
and  in  ca'^e  of  inability  to  do  so,  sh.all  pay  an  amount  not  exceeding; 
the  amount  of  his  bond. 

113 


Louisiana — 2 

Section  4250.     Free  access: 

Every  citizen  of  the  state  shall  have  free  access  to  the  library,  pro- 
vided no  book  shall  be  taken  out  except  by  the  legislatvire. 

Section  4251.     Exchange  of  books: 

State  librarian  authorized,  under  direction  of  secretary  of  state  to 
exchano-e  books  with  other  states,  with  foreio;n  governments  and 
with  other  institutions. 

Section  4252.     Secretary  of  state  in  control : 

Secretary  of  state  ]ilaced  in  control  and  made  responsible  for  the 
conduct  of  the  lil)rary  by  the  librarian. 

Section  4253  and  4258  inclusive.     Distribution  and  exchangee: 
Provide  for  procuring,  distributing,  owning,  preserving,  keeping- 
record  of,  exchanging-  and  disposing  of  various  public  documents. 

LOCAL  PUBLIC  LIBRARIES 

Section  4259.     Petition  to  establish : 

^^'hene^'er  not  less  than  twenty-five  citizens  of  any  parish,  city,  town 
or  other  political  subdivision  of  this  state  shall  desire  to  estalilish  a 
public  library  in  such  political  subdivision,  they  shall  address  a 
petition,  signed  by  such  petitioners,  to  the  police  jury,  city  council 
or  other  governing  authority  of  such  political  subdivision  asking- 
the  establishment  of  a  pul)lic  library. 

Section  4260.     Appropriation  of  funds : 

Upon  such  petition  being  favorably  acted  on  by  such  local  govern- 
ing authority  and  duly  pul)lished,  if  within  thirty  davs  from  the 
last  date  of  such  publication,  a  number  of  citizens  equaling  or  ex- 
ceeding the  number  contained  in  the  petition,  do  not  present  a  writ- 
ten protest  signed  by  such  protestants  against  the  establishment  of 
a  liljrary,  the  local  governing  authoritv  shall  ha\'e  full  ])ower  and 
authority  to  appropriate  from  any  monies  in  the  treasury  not  other- 
wise appropriated,  a  sufficient  simi  for  the  erection,  creation  and 
equipment  of  such  public  library  and  shall  have  power  and  authority 
to  approi:)riate  and  jjrovide  for  the  maintenance  of  such  library. 

Section  4261.     Board  of  control: 

The  governing  authority  by  the  same  ordinance  as  the  appropria- 
tion for  the  estal)lishmcnt  of  the  librarv  is  made,  shall  appoint  and 
commission  a  board  of  control  of  not  less  than  five  or  more  than 
seven  citizens,  which  board  of  control,  after  taking  oath  to  faith- 
fully perform  their  duties,  shall  be  vested  with  full  control  and 
supervision  of  the  erection,  estal)lishment,  maintenance  and  equip- 
ment of  the  librarv.  Board  of  control  shall  organize  bv  electing 
from  its  own  members,  a  chairman,  secretary  and  treasurer.     The 

114 


Louisiana — 3 

treasurer  shall  furnish  bond  with  c^ood  security  for  an  amount  not 
less  than  the  amount  of  the  appropriation. 

Section  4262.     Terms  of  office.     Vacancies: 

Board  of  control  shall  be  appointed  for  six  years,  provided  thai 
the  first  board  appointed  shall  consist  of  six  members,  two  to  be 
appointed  for  two  years,  two  for  four  years  and  two  for  six  years, 
and  provided  further,  that  no  officer  or  member  of  such  board  shall 
receive  any  remuneration.  Said  board  shall  have  power  to  make 
all  rules,  have  exclusive  control  of  the  expenditure  of  all  funds 
appropriated,  donated  or  acquired  in  any  other  w^ay,  provided  that 
all  sums  proposed  to  be  expended,  over  five  hundred  ($500)  dollars, 
shall  be  first  submitted  to  the  g-overning-  authoritv  of  such  political 
subdivision.  \"acancies  in  said  board  shall  be  filled  in  the  same 
manner  as  the  oriijinal  members  were  appointed. 

Section  4263.     Board's  control  of  funds: 

Expenditures  shall  be  made  upon  the  warrant  of  the  treasurer,  ap- 
proved by  the  chairman  and  countersigned  by  the  secretary.  The 
board  shall  have  power  to  acquire  real  estate,  the  title  to  be  vested 
in  such  parish  or  other  political  subdivision.  The  board  shall  not 
in  any  one  year  create  debts  for  more  than  the  estimated  revenues 
for  one  year,  except  propertv  given  to  such  board  need  not  be  cal- 
culated in  the  annual  estimated  revenues. 

Section  4264.     Application: 

This  act  shall  take  effect  from  its  promulgation  and  shall  not  apply 
to  libraries  or  library  boards  already  in  existence,  or  to  cities,  towns 
or  villages  of  over  one  hundred  thousand  inhabitants. 

PUBLIC  SCHOOL  LIBRARIES 

Annotated  Statutes,  1915,  R.  LI.  Marr  Vol.  1 

Section  2664.     How  established: 

Whene\'er  the  friends  of  any  individual  school  or  grade  of  a  free 
school,  shall  subscribe  the  sum  of  ten  ($10)  dollars,  the  school  di- 
rectors shall  give  an  equal  sum.  The  teacher  in  charge  shall  be  made 
manager  of  the  lil)rary. 

Sectfon  2665.     Selecting  books: 

State  su))erinlendent  of  pulilic  instrriclion  shall  furnish  a  list  lo 
such  public  school  library,  of  books  with  prices  thereof,  which  have 
been  ai)proved  bv  the  stale  board  of  cducnlion. 

Section  2666.     Same: 

The  president,  secretary  of  the  board  and  the  teacher  shall  select 
l)Ooks  from  the  foreijoing  list  and  the  board  of  school  directors  shall 
furnish  to  each  librarv  a  bookcase. 

115 


Louisiana — 4 

Section  2667.     Rules.     Report: 

The  local  manaj^er  of  each  librar3fshallcarryouttherulesestal)lished 
by  the  state  suioerintendent  of  public  education  and  shall  report 
annually  to  him. 

•Section  2668.     Subscriptions: 

Authorizes  the  use  of  additional  g-ifts  of  money  subscribed  and 
additional  appropriations  conditioned  on  such  subscriptions. 

Section  2669.     Legal  title: 

The  ownership  of  the  library  property  shall  remain  in  the  board 
of  school  directors,  and  the  carrying  away  of  books  is  larceny  and 
the  breaking  in  of  the  library,  burglary. 


116 


Maine — I 
MAINE 

STATE  LIBRARY 

Revised  Statutks,  1904,  Page  63,  Chapter  3 

Section  1.     Establishment: 

All  books,  documents,  manuscripts,  archives,  and  also  pictures  and 
other  works  of  art  owned  l^y  the  state,  shall  constitute  the  Maine 
state  library  and  shall  be  under  the  mana,2:ement  of  the  librarian. 

Section  2.     Contents: 

There  shall  be  procured  and  kept  in  the  library  sets  of  di,8:ests,  law 
reports,  and  other  public  documents;  works  on  law,  historical  works, 
works  on  arts  and  sciences;  other  publications  relating-  to  the  fin- 
ancial, social,  religious  and  educational  conditions  of  the  world,  and 
more  especially  of  this  state. 

Section  3.     Trustees: 

State  library  shall  be  under  the  control  of  the  governor  and  coun- 
cil, as  a  board  of  trustees,  who  may  make  proper  regulations. 

Section  4.     Librarian: 

Trustees  shall  appoint  a  lil)rarian,  who  shall  hold  office  for  three 
vears  and  give  bond.     Librarian  shall  appoint  one  assistant. 

Section  5.     Prescrilies  hours  of  opening. 

Section  6.     L^se  of  library: 

Books  mav  be  taken  from  the  librarv  by  the  governor,  and  state 
officers  nientiiincd,  and  bv  the  members  of  the  legislature  during 
the  .sessions  of  the  legislature. 

Section  7.     Same: 

Under  the  rules  of  the  trustees,  the  librarian  may  lend  books  and 
documents  to  responsible  citizens  of  the  state,  on  payment  of  trans- 
portation. 

Section  8.     Traveling  libraries: 

Any  free  lil)rary,  or  anv  association  composed  of  live  or  more 
persons,  in  a  town  without  a  free  library,  mav  borrow  not  to  exceed 
fiftv  volumes  at  one  time,  on  the  pavment  of  five  cents  {5c)  per 
volume  to  cover  exi)ress  and  other  cliarges.  Such  books  in  turn 
to  be  loaned  free  of  charge  to  the  j)atrons  of  such  free  library,  or 
the  citizens  of  the  town  where  such  association  is  located. 

Section  9.     Responsibilitv  for  books: 

All  per.sons  borrowing  books  from  the  state  li1)rarv  as  i)rovided 
above  shall  ])e  responsible  for  the  full  value  thereof  in  case  of  loss 
or  damage  or  for  neglect  to  rclm-n.  ,\ctions  at  law,  to  enforce  this 
liability,  may  be  brought  bv  the  librarian. 

117 


Maine — 2 

STATE  LIBRARY  COIMMISSION 

Section  10.  The  oovernor,  with  the  advice  and  consent  of  the 
council,  shall  appoint  four  persons  as  lihrary  commissioners,  who 
sliall  hold  their  office  for  the  term  of  four  years  each.  Said  com- 
missioners shall  serve  without  pav;  thev  shall  encourage  the  estah- 
lisment  of  free  iwl)Hc  iil;)raries,  select  the  hooks  to  he  purchased  for 
travelini^-  lihraries,  and  advise  the  lihrarian  of  the  state  lihrary  in 
reference  thereto.  (Verbatim) 

Section  11.     Secretary.     Traveling"  liliraries: 

The  librarian  of  tlie  state  library  shall  be  ex-officio  a  member  of  the 
library  commission,  and  secretary  thereof.  He  shall  purchase  the 
books  selected  by  the  library  commissioners  for  traveling;  libraries, 
cause  the  same  to  be  properly  cataloged  and  placed  in  proper  cases 
for  transportation  and  use,  keep  accounts  of  all  expenditures,  and 
such  other  statistics  as  the  commissioners  may  require. 

Section  12.     Expenditures.     Report: 

All  expenditures  shall  be  made  with  the  sanction  of  the  governor 
and  council.     The  commissioners  shall  report  to  them  vearly. 

Section  13.     Public  documents: 

Provides  that  the  librarian  shall  solicit  and  receive  duj^hcate  copies 
of  books  and  documents,  maintain  a  l^ureau  of  exchange,  and  aid 
free  libraries  by  gifts  of  such  books. 

Section  14.     Publications  in  regard  to  Maine: 

Librarian  shall  collect  and  preserve  histories  of  towns,  counties, 
and  other  publications  relating  to  the  state. 

Section  15.     Reports: 

Clerks  of  the  political  sub-divisions  of  the  state,  and  directors  of 
corporations,  shall  transmit  to  the  librarian  all  printed  reports. 

Section  16.  Appropriates  two  thousand  dollars  ($2,009)  biennially 
for  the  purchase  of  books. 

Section  17.     Catalog: 

Trustees  shall  from  time  to  time  cause  a  catalog  to  be  made  and 

printed. 
Section  18.     Reports: 

Librarian  shall  rejiort  to  the  legislature  bienniallv,  in  January. 

COUNTY  l.AW  LIBRARIES 
Revised  Statutes.  1904,  Ftfttt  Division.  Chapter  57 

Section  7.     Organization: 

Five  or  more  attorneys  in  any  conntv  niav  organize  as  trustees  of  a 
law  library. 

lis 


Maine— 3 

Section  8.     Fund : 

All  monies  received  shall  be  api)lied  to  the  use  of  the  law  libraries. 

Section  9.     Financial  statement : 

Treasurer  shall  keep  an  exact  account  and  deposit  a  statement  in 
the  office  of  the  treasurer  of  state,  annually. 

FREE  PUBLIC  LIBRARIES 

Revised  Statutes,  1904,  Fifth  Division,  Chapter  57 

Section  10:      Establishment.     Appropriation: 

Any  town  may  establish  a  free  public  library,  provide  rooms  there- 
for and  regulate  it  and  may  ai5proi:)riate  for  its  foundation  a  sum 
not  to  exceed  two  ($2.00)  dollars,  and  for  its  maintenance  and  in- 
crease, annually  a  sum  not  exceedin.s:  two  ($2.00)  dollars  for  each 
of  its  ratable  ]3olls  in  the  year  next  i:)recedino-.  Any  town  havino' 
free  public  library  may  establish  under  the  same  manag^ement, 
branches,  as  the  convenience  of  the  citizens  seem  to  demand.  (As 
amended.  Acts  of  Legislature,  1909,  Chapter  84). 

Section  11.     Village  library: 

Any  village  corporation  located  in  a  town  where  no  free  library 
exists  may  establish  a  library  in  the  manner  prescril)ed  in  Section 
10. 

Section'  12.     Contract  for  use  of  library.     State  aid: 

Anv  town  mav  ai^ijropriatc  annually  a  sum  not  exceeding  the  legal 
limit  for  maintaining  free  li])rarics  for  the  purposes  of  securing 
to  its  inhabitants  the  free  use  of  a  library  located  in  an  adjoining 
town  and  shall  be  entitled  to  receive  from  the  treasurer  of  state,  a 
sum  ecjual  to  ten  per  cent  of  the  amount  so  raised. 

SiccTiox    13.     Cooperation  bv  adjacent  towns: 

Two  or  more  adjacent  towns  mav  unite  in  establishing  and  main- 
taining a  free  iniblic  library  with  branches  thereof  in  each  town 
for  the  free  use  of  all  the  inhabitants  of  said  towns  and  may  appro- 
IM'iate  annually  for  that  jmrpose  a  sum  not  exceeding  the  legal 
limit    for  maintaining  free  libraries. 

Section  14.     State  aid: 

The  municii^al  oflicers  of  anv  town  or  citv  and  the  assessors  of  any 
village  having  a  free  i)ublic  librarv  shall  anmially  in  May,  certit'y 
to  the  governor  and  council  the  amount  of  money  approi)riated  and 
expencied  bv  said  town,  citv  or  village,  fhu-ing  the  preceding  vear 
for  the  inirchase  of  books  and  for  running  exi)enses  and  the  gov- 
ernor with  ibe  consent  of  the  council  shall  draw  a  warrant  on 
the  treasurer  of  tlie  stale  for  the  innx-hase  of  books  for  such  library, 
for  a  sum  e<|ual  to  ten  per  cent  of  the  amovmt  certified  as  expended. 

110 


Maine — 4 

Section  15.     Association  library  made  ])ublic: 

Any  town  or  city  in  wliich  tliere  is  a  library  owned  by  a  corporation 
or  association  may  ap])ropriate  a  sum  not  exceeding  two  ($2.00) 
dollars  each  for  its  ratable  polls  in  the  previous  year,  to  secure  for 
all  its  inhabitants  free  use  of  such  library ;  such  library  shall  then 
be  considered  a  free  public  library  within  the  meanins:  of  this  chap- 
ter, and  shall  be  entitled  to  the  benefits  of  the  preceding-  section, 
])rovided  that  the  books  so  purchased  shall  remain  the  property  of 
the  municipality.  (As  amended,  Acts  of  Legislature,  1909,  Chap. 
84). 

Section  16.     Public  documents.     Report: 

The  state  librarian  shall  transmit  to  each  free  public  library  all 
public  documents  which  the  town  or  city  is  entitled  by  law  to  receive 
and  the  municipal  officers  shall  transfer  to  the  library  all  documents 
in  their  custody.  The  officers  of  the  library  shall  report  on  or 
before  the  first  of  April  each  year,  a  list  of  books  purchased  with 
the  stipend  of  the  preceding  year.  The  aid  from  the  state  shall 
be  withheld  from  any  library  until  the  report  herein  required  shall 
have  been  received,  and  unless  the  report  shows  that  the  public 
documents  furnished  by  the  state  are  kept  in  the  library. 

Section  17.     State  donation  of  books: 

The  state  librarian  shall  donate  to  any  town  having  no  free  library, 
books  purchased  for  that  purpose  not  exceeding  fifty  per  cent  in 
value  of  books  purchased  by  the  town  for  the  purpose  of  founding 
the  library,  no  donation  to  exceed  one  hundred  ($100.00)  dollars 
and  no  donation  to  be  made  until  the  town  has  raised  one  hundred 
($100.00)  dollars. 

Section  18.     Instruction  at  state  library : 

Officers  of  any  free  public  library  may  ask  the  governor  and  council 
for  advice  and  may  receive  instruction  at  the  state  library  in  cata- 
loging and  other  matters. 

Section   19.     Provides  that  any  town  may  receive  gifts  for  public 
library. 

Revised  St.atutes,  1904.  Chapter  4 

Section  89.     Land  for  building: 

Any  city  or  town  having  more  than  one  thousand  inhabitants  has 
power  to  take  suitalile  land^^  for  parks,  s(|uares  or  a  public  library 
building,  with  the  consent  of  the  owner. 

LIBRARIES  AND  CHARITABLE  ASSOCIATIONS 

Revised  Statctes,  1904,  Fifth  Division,  Chapter  57 

Section   1.     Association  provided  for: 

\Mien   seven  or  more  persons  de-^ire  to  be  incorporated  as   pro- 

120 


Maine — 5 

prietors  of  a  social  or  other  library  for  any  literary,  scientific,  musi- 
cal, charitable,  educational,  etc.,  purpose,  they  may  apply  in  writing; 
to  any  justice  of  the  peace  in  the  county,  who  may  issue  the  war- 
rant asked,  to  one  of  such  api^licants,  and  require  him  to  call  a  meet- 
ing-  at  such  time  and  i)lace  as  the  justice  api)oints. 

Sectiox  2.     Form  of  calling-  meeting'. 

Section  3.     When  assembled  they  may  organize  into  a  corporation, 
adopt  a  name  and  become  a  leg-al  corporation. 

Skction  4.     The  officers  and  majority  of  directors  shall  certify  the 
orgfanization  to  secretary  of  state. 

SKfTrox  5.     Such  corporation  mav  hold  i)roperty  not  to  exceed  the 
value  of  one  hundred  thousand  ($100,000)  dollars. 

Sectfon  6.     No  corporation  may  sue  its  members  for  dues  or  con- 
tributions. 


121 


Maryland — 1 


MARYLAND 


STATE  LIBRARY 

Constitution,  Art.  7 

(In  Basfby's  Annotated  Code,  v.  1,  p.  87) 

Section  3.  State  librarian.  Appointment.  Salary.  Duties: 
State  librarian  shall  be  ai)pointed  by  the  .a^overnor,  with  the  consent 
of  the  senate;  shall  hold  office  durin.a:  the  term  of  the  o-overnor  by 
whom  appointed  and  until  his  successor  is  appointed  and  qualified. 
Salary  fifteen  hundred  dollars  a  year.  It  shall  be  the  duty  of  the 
Le.s^islature  to  pass  a  law  reg^ulating:  the  library  and  requiring-  a 
bond  of  the  librarian. 

Bagby's  Annotated  Code,  v.  2,  1911,  p.  1335,  Art.  lv. 

L  State  librarian  shall  take  oath. 

2.  Shall  give  bond. 

3.  In  case  of  vacancy  .governor  shall  oppoint. 

4.  State  library  shall  be  kept  in  the  state  house. 

5.  Prescribes  who  may  take  out  books. 

6.  Limits  amount  of  stationery. 

7.  Provides  for  the  binding  of  public  documents. 

8.  Disposition  of  other  copies  of  documents. 

9.  Provides  for  delivery  of  documents  to  pul)lic  lil^raries. 

10.  Provides  for  distribution  of  documents  to  other  state  officers. 

11.  Appropriates  five  hundred  dollars  annually  for  the  purchase 
of  books  etc. 

12.  Provides  that  the  judges  of  the  court  of  appeals  may  appoint 
a  committee  for  the  purchase  of  books. 

13.  Provides  that  such  committee  shall  make  rules  for  tlie  library. 

14.  Provides  that  the  judges  of  the  court  of  appeals  shall  fill  va- 
cancies in  the  committee. 

15.  Provides  a  cataloger  for  the  library. 

16.  Provides  a  custodian  for  the  reference  books  of  the  library. 

MARYLAND  PUBLIC  LIBRARY  COMMISSION 

Bagby's  Annotated  Com:.  Vol  2,  1911,  p.  1742,  Art.  i,.x.\vii. 

Section  100.     Membership: 

The  gfovernor  shall  biennially  appoint  four,  at  least  two  of  whom 
shall  be  women,  and  thcv  witli  the  stale  librarian,  superintendent 
of  pul)lic  instruction  and  the  lilirarian  of  the  ICnoch  Pratt  Library, 
shall  constitute  the  Mar\lrnid  i)nhlic  lil)rary  commission. 

Si:(  tion  101.     Organization.     No  compensation : 

Said  commission  shall  elect  anmiallv,  from  their  own  number,  presi- 
dent and  secretary:  meml)ers  shall  serve  witliout  i)av,  but  neces- 

123 


Maryland — 2 

sary  traveling:  expenses  when  away  from  home  may  he  paid  out 
of  the  appropriation  for  the  commission.  Secretary  shall  also  act 
as  treasurer  and  .si'ive  proper  bond. 

Section  102.     Duties.     Report: 

Commission  shall  g^ive  advice  and  counsel  to  all  public  and  school 
libraries  in  the  state  and  to  all  persons  proposing-  to  establish  them, 
as  to  establishment,  maintenance,  selection  of  books,  cataloging  and 
other  details.     Commission  shall  report  annually  to  the  governor. 

Section  103.     Traveling  libraries: 

Commission  shall  organize  and  conduct  traveling  libraries  through- 
out the  state,  make  regulations  and  send  out  and  distribute  books, 
and  at  suitable  intervals  change  such  distrilmtion. 

Section  104.     Api)ropriation: 

State  treasurer  shall  annually  on  the  first  dav  of  October  pay  to 
treasurer  of  commission  fifteen  hundred  ($1,500.00)  dollars  for 
the  use  of  commission. 

Section  105.     State  aid: 

Said  commission  ujion  application  of  the  librarv  directors  of  any 
county,  election  district  or  municipality  which  has  complied  with 
the  laws  relative  to  such  libraries,  may  expend  not  more  than  one 
hundred  ($100.00)  dollars  for  books  to  be  delivered  to  said  directors 
for  tlie  purjKise  of  establishing  free  public  libraries. 

PUBLIC  LIBRARIES 

Section  106.     Establishment: 

Boards  of  county  commissioners  shall  have  power  to  establish  free 
public  libraries  at  county  seats  of  their  respective  counties  with 
branches  as  necessary,  and  the  legislative  authority  of  any  muni- 
cii)ality  shall  have  power  to  estal)lish  libraries  in  like  manner  for 
said  municipality. 

Section  107.     Tax: 

County  commissioners  of  anv  countv  niav  lew  an  annual  tax  not 
exceeding  five  cents  on  one  hundred  ($100.00)  dollars,  tax  to  be 
levied  and  collected  as  other  taxes  and  known  as  "Public  Librarv 
Fund." 

Section  108.     Establishment  on  petition: 

When  a  majority  of  voters  in  anv  election  district  petition  the 
county  commissioners  to  establish  a  public  librarv,  said  commis- 
sioners shall  establi-sh  such  public  librarv  in  the  same  manner  as 
an  incorporated  municipalitv  may  establish  a  library  and  said  com- 
missioners may  levy  a  tax  in  like  manner  as  is  done  for  the  lil)rary 
of   an    incorporated   municiiialitv   to   the   same  amount,   and    said 

124 


Maioi.ani) — 3 

election  district  library  shall  be  niana.tred  in  the  same  manner  as 
the  library  of  a  municipality. 

Section  109.     Library  tax  in  municii)ality : 

The  let^islative  authority  of  an\-  municipality  may  leyy  a  tax  for 
public  library  purposes  not  exceeding-  seyen  cents  on  each  one 
hundred  ($100.00)  dollars,  the  money  so  collected  to  be  paid  over 
to  the  trustees  of  the  library,  to  be  expended  as  in  their  judgment, 
they  deem  best. 

Section  110:     Library  board: 

\\'heneyer  any  board  of  county  commissioners  or  legislative  auth- 
ority of  a  municipality  shall  have  determined  to  establish  public 
libraries  and  reading  rooms,  under  Sections  100-120,  such  count\' 
commissioners  or  legislative  authority  shall  appoint  for  such  county, 
election  district  or  municipality,  or  board  of  nine  directors,  who 
shall  hold  office,  one-third  for  two  years,  one-third  for  four  years 
and  one-third  ff)r  six  years ;  their  successors  when  their  terms  ex- 
pire, to  be  ai)pointed  in  the  same  way  for  six  years.  County  com- 
missioners or  leg-islative  authority  may  remove  any  director  for 
inefficiency,  misconduct  or  neglect. 

Section  111.     Vacancies : 

Vacancies  shall  be  reported  to  the  county  commissioners  or  legis- 
lative authority  and  be  filled  forthwith  for  the  unexpired  term. 

Section   112.     Organization.     Powers: 

Directors  shall  organize  bv  electing  officers,  shall  not  receive  com- 
pensation, shall  make  rules  and  regulations,  shall  have  exclusive 
control  of  all  exi)enditures,  shall  have  control  of  buildings  and 
g;rounds  and  i)ower  to  purchase,  lease  and  build,  to  api)oint  staff, 
fix  compensation  and  remove,  and  in  general  whatever  jiowers  are 
necessary  to  carry  out  the  sjjirit  and  intent  of  this  act. 

Section   113.     Library  fund: 

All  moneys  collected  for  the  libraries  siiall  be  dei)osile(l  in  the  treas- 
ury of  the  county  or  numicipality  to  the  credit  of  the  library  fund 
and  paid  ui)on  the  demand  of  the  board. 

Section  114.     Libraries  free: 

Hvery  library  and  reading  room  thus  established  shall  be  forever 
free  to  the  inhabitants  of  the  countv,  election  district  or  the  muni- 
cipality, subject  to  reasonable  rules. 

Section  115.     Penalties: 

l^vcrv  jierson  who  shall  steal  or  injure  books  or  other  i)roi)ertv  of 
the  librar\-  shall  be  guillv  of  a  misdemeanor  and  on  conviction,  fined 
not  more  than  one  hundred  ($100.00)  dollars,  imjirisoned  not  more 
than  three  months,  or  both  at  the  discretion  of  the  court. 

12.S 


Maryland — 4 

Section  116.     Report: 

Each  library  board  established  under  these  sections  shall  report 
annually  to  the  county  commissioners  or  le.efislative  authority  of 
the  municipality,  a  copy  of  this  report  shall  be  sent  annually  to  the 
Maryland  Public  Library  Commission. 

Section  117.     Gifts: 

Such  library  boards  may  receive  and  hold  all  .shifts  made  for  library 
purposes  and  shall  act  as  trustees. 

Section  118.     Public  Documents: 

Provides  that  public  lil)raries  shall  receive  certain  public  docu- 
ments. 

Section  119.     Exemption  from  taxation: 

Exempts  real  estate  of  any  library  and  reading-  room  from  taxation. 

Section  120.  The  provisions  in  sections  100  to  120  shall  not  apply 
to  Baltimore  County. 

SCHOOL  DISTRICT  LIBRARIES 

Bagly's  Annotated  Code,  Vol.  2,  1911 

Section  99.  District  libraries  to  be  established  in  each  school  house 
district  under  the  care  of  the  teacher  as  librarian.  For  this  pur- 
pose ten  ($10.00)  dollars  annually  is  ordered  paid  by  the  county 
commissioners  out  of  the  state  school  fund,  to  any  school  house 
district  as  library  money,  provided  the  people  of  the  district  raise 
the  same  amount  annuallv.  Books  must  be  selected  from  list  fur- 
nished by  the  state  board  of  education. 

WASHINGTON  COUNTY  FREE  LIBRARY 

Laws,  1898,  Chapter  317 

Authorizes  the  mayor  and  council  of  Ha,a:ersto\vn  to  contribute  an- 
nually in  perpetuity,  one  thousand  dollars  per  annum  for  the  main- 
tenance of  the  \\'ashin.2:ton  County  Free  Library,  and  authorizes 
them  to  levy  and  collect  a  tax  for  this  purpose. 
(Note:  This  was  enacted  to  meet  the  conditions  of  a  gift  for  the 
librarv  building,  and,  together  with  an  annual  appropriation  of 
$1,500  agreed  upon  by  the  countv  commissioners  of  Washington 
county,  satisfied  the  requirement  of  an  annual  amount  of  $2,500  for 
current  expenses). 

ENOCH   PRATT  FREE  LIBRARY  OF  BALTIMORE 

Laws,  1882,  Chapter  181 

(An  act  to  enable  the  city  of  Baltimore  to  accept  a  donation  from 

Enoch  Pratt) 
Section  1.     Acceptance: 

Authorizes  the  mayor  and  citv  council  to  accci)t  from  Enoch  Pratt 
$833,333.33,  and  to  i)av  i)erijetuallv,  forever,  to  the  trustees  of  the 

126 


Maryland — 5 

Enoch  Pratt  Free  Library,  $50,000  annually  in  equal  quarterly 
payments. 

Section  2.     Trustees.     Report: 

Appoints  by  name  the  trustees,  and  empowers  them  to  perform  the 
duties  of  their  office,  and  makes  the  board  self-perpetuating.  Re- 
quires them  to  report  annually  to  the  mayor  and  city  council. 

Section  3.     Audit : 

Provides  for  an  audit  of  their  books  and  accounts. 

Section  4.     Excmi)tion  from  taxation: 

Provides  that  the  property  of  the  Enoch  Pratt  Free  Library,  vested 
in  the  mavor  and  city  council,  shall  be  exempt  from  state  and  muni- 
cipal taxes  forever. 

Section  5.     Act  to  be  ratified  by  voters: 

Pi-ovides  that  before  this  act  shall  take  effect  it  shall  be  ratified  by 
a  majority  vote  of  the  legal  voters  of  P)altimore. 

Laws,  1900,  CnArTER  221 

Section  1.     Accejitance  of  .gifts: 

Authiirizes  the  Enoch  Pratt  Free  Library  to  accept  gifts,  be(|uesls 
or  conveyances;  the  title  to  the  same  to  be  vested  in  the  mayor  and 
city  council  of  Baltimore,  as  was  the  original  gift. 

Laws,  1908,  Chapter  144 

Section  1.     City  Appropriation: 

Authorizes  the  mayor  and  city  council  to  appropriate  and  pay  over 
such  sum  or  sums  as  it  shall  from  time  to  time  deem  proper,  for  the 
ec|uipment  and  maintenance  of  the  Enoch  Pratt  Free  Lil)rary 
or  any  other  free  juiblic  library  in  Baltimore  City  or  the  branches 
of  the  Enoch  Pratt  Free  Library  or  of  any  other  free  library  in 
Baltimore  City.  Provided  that  the  title  of  any  such  branch  be 
vested  in  the  mavor  and  city  council  of  Baltimore. 

EXEMITIOX  FROM  TAXATION 

Annotated  Code.  Yoi..  .\  1914,  Auticle  71 

Section  4.     ]\Tentions  among  the  things  exemi)l  from  taxation  lilira- 
ries,  incorporated  educational  or  literary  institutions. 


127 


Massachusetts — 1 
MASSACHUSETTS 

STATE  LIBRARY 

Revised  Laws.  1902,  \'ol.  1,  Ciiai'tior  10 

Section  23.     Establishment : 

There  shall  be  a  state  library  in  the  state  house,  which  shall  be 
kept  open  every  day  exceptinof  Sundays  and  holidays  for  the  tise 
of  the  officers  of  the  government  and  such  other  persons  as  may 
be  permitted  to  use  it. 

Skctiox  24.     Trustees: 

Library  shall  be  under  control  of  a  board  of  three  trustees,  one  oi 
whom  shall  be  appointed  each  year  for  three  years. 

Note:  Acts  and  Resolves,  1910,  Chapter  217,  Section  1,  additional 
trustees,  adds  to  the  trustees  as  provided,  the  president  of  the  senate 
and  the  speaker  of  the  hou'^e  of  representatives,  exofticio. 

Section  25.     Trustees"  duties- 

The  trustees  shall  superintend  the  library  and  make  and  enforce  the 
rules  for  its  use. 

Note:  Acts  and  Resolves,  I'MO,  Chapter  217, — gives  trustees'  duties 
as  follows: 

Section  2.     Trustees'  duties: 

The  trustees  of  the  state  library  shall  have  the  management  and 
control  thereof,  and  of  the  monies  appropriated  therefor.  They  shall 
keep  records  of  their  doings  and  annually  report  the  same  to  the 
general  court,  with  such  suggestions  for  the  improvement  of  the 
library  as  the}^  may  deem  proper. 

Sectio.\  26.      Lil)rarian: 

The  governor  shall  ajjpoirl  a  libraria'i,  with  the  consent  of  the 
council,  who  shall  hold  office  during  their  pleasure. 

Section  27.     Assistants: 

Trustees  and  librarian  may  employ  such  assistants  as  necessary. 

Seition  28.     Contents  of  librarv: 

All  books,  documents,  etc.,  belonging  to  the  commonwealth,  except 
ing  those  retained  in  res])ective  departments,  shall  constitute  the 
library. 

Section  29.     Appropriation : 

Appropriates  six  thousand  five  hundred  t$C),500.00)  (loII;irs  for  the 
library.      (See  .Acts  of  1914,  Cbai)ier  12.  following). 

129 


Massachusetts — 2 

Section  30.     Report: 

Requires  an  annual  report  from  the  librarian. 

Acts  of  1914,  Chapter  12 

Appropriations  for  state  library: 

State  library  appropriations  for  the  financial  year  ending  the  30th 
day  of  November,  1914:  Salary  of  librarian,  four  thousand 
($4,000.00)  dollars:  books,  binding,  catalog  index,  ten  thousand 
($10,000.00)  dollars;  clerical  and  other  services,  eleven  thousand 
and  ten  ($11,010.00)  dollars;  incidental  expenses,  including  annual 
report,  two  thousand  five  hundred  ($2,500.00)  dollars. 

FREE  PUBLIC  LIBRARY  COMMISSIONERS 
Revised  Laws,  1902,  Vol.  1,  Chapter  38 

Section  11.     Membership: 

There  shall  be  a  board  of  free  public  library  commissioners  con- 
sisting of  five  persons,  residents  of  the  county  and  commonwealth, 
all  appointed  annually  by  the  governor  with  the  consent  of  the 
council  for  a  term  of  five  years.  The  governor  shall  designate  the 
chairman  thereof. 

Section  12.     Expense: 

No  member  shall  receive  compensation ;  but  the  board  may  expend 
annually  five  hundred  ($500.00)  dollars  for  expense;  shall  report 
annually  to  the  general  court. 

Section  13.     Advice: 

The  board  shall  advise  librarian  or  trustees  of  any  public  library 
in  regard  to  all  library  matters. 

Section   14.     Appropriation: 

Upon  the  application  of  the  library  trustees  of  a  town  which  has 
complied  with  the  provisions  of  sections  16  and  17,  said  board  may 
expend  not  more  than  one  hundred  ($100.00)  dollars  for  books 
for  the  purpose  of  establishing  a  free  public  library  in  said  town. 

Section  15.     Branches  or  delivery  systems: 

For  a  town  the  valuation  of  which  is  not  more  than  six  hundred 
thousand  ($600,000.00)  dollars,  which  has  a  free  pul)lic  library, 
and  has  complied  with  the  laws  relative  thereto,  and  which  will 
provide  for  the  distribution  of  books  by  branch  libraries  or  deliver- 
ies, the  board  may  expend  for  the  benefit  of  such  towm  not  more 
than  one  hundred  ($100.00)  dollars  for  each  branch. 

130 


Massachusetts — 3 

Section  16.     Condition: 

A  town  shall  not  be  entitled  to  the  benefit  of  the  preceding'  section 
until  it  has  complied  with  the  legal  provisions  and  made  satisfactory- 
provision  for  the  distribution  of  the  books  furnished. 

Section  17.     Appropriation.     Dog  tax: 

Such  town  shall,  if  its  last  valuation  was  one  million  ($1,000,000.00) 
dollars  or  over,  annually  appropriate  from  the  dog  tax,  or  other- 
wise provide,  for  the  use  of  this  library,  not  less  than  fifty  ($50.00) 
dollars;  if  such  was  less  than  one  million  ($1,000,000.00)  dollars 
but  not  less  than  two  hundred  and  fifty  thousand  ($250,000.00) 
dollars, — twenty-five  ($25.00)  dollars;  if  less  than  two  hundred 
and  fiftv  thousand  ($250,000.00)  dollars, — not  less  than  fifteen 
($15.00)  dollars. 

Supplement  to  Revised    Laws,  1906,  Chapter  38 

Sections    14-17.     A])propriation.     Duties  of  commissioners: 

Board  of  free  pul)lic  liljrary  commissioners  may  annually  expend 
a  sum  not  exceeding  four  thousand  ($4,000.00)  dollars  in  aid  of 
free  public  libraries,  especially  in  those  towns  the  valuation  of 
which  does  not  exceed  six  hundred  thousand  ($600,000,00)  dollars. 
Such  aid  may  include  the  furnishing  of  books  in  small  quantities, 
visits  to  libraries,  instruction  to  librarians  and  such  other  means 
of  encouraging  and  stimulating  such  small  libraries  as  said  com- 
missioners deem  advisal^le.  Provi<led  that  full  detail  of  expendi- 
tures under  this  act  shall  be  ])rinted  in  the  annual  report  of  the 
commissioners.      (As  amended — 1913,  Chapter  316). 

Appropriations: 

Acts  of  1914,  Chapter  75,  makes  the  following  appropriations  for  the 
free  library  commission  for  the  year  ending  November  30,  1914, 
to-wit : 

For  the  salaries  of  said  commissioners,  one  thousand  six  hundred 
($1,600.00)  dollars;  for  salaries  and  expenses  of  an  agent  to  direct 
educational  work  among  aliens,  a  sum  not  exceeding  two  lliousand 
($2,000.00)  dollars;  to  promote  the  establishment  and  eiliciency 
of  free  iniblic  libraries,  a  sum  not  exceeding  four  thousand 
($4,000.00)  dollars;  for  clerical  assistance  and  incidental  ex- 
lienses,  a  sum  not  exceeding  three  thousand  ($3,000.00)  dollars; 
for  printing  and  binding  of  re])ort,  a  .sum  of  not  exceeding  three 
hundred  and  fifty  ($350.00)  dollars. 

Acts  of  1')13.  Ciiapti:u  668 
Section  1.     Educational  work  foi-  aliens: 

The  board  of  free  ])ublic  library  commissioners  mav,  with  the  con- 
sent of  the  governor  and  council,  a])])oint  an  agent  or  secrctarv  to 


MaSSACH  USETTS 4 

direct  educational  work  for  ths  benefit  of  the  alien  population  of 
the  commonwealth,  at  such  salary,  not  exceeding  two  thousand 
($2,000.00)  dollars,  as  the  governor  and  council  may  approve. 
Said  agent  may  at  any  time  be  removed  by  the  board.  In  the  case 
of  vacancy,  temporary  substitutes  may  be  engaged. 

CITY  AND  TOWN  LIBRARIES 

Re\iski)  Laws,  1902,  Vol.  1,  Chapter  38 

Section  6.     Establishment: 

A  city  or  town  may  establish  and  maintain  public  libraries  for  the 
use  of  its  inhabitants,  under  regulations  decided  by  the  city  council 
or  by  the  town,  and  may  receive,  hold  and  manage  any  gift,  bequest 
or  devise  for  such  library.  City  council  may  place  in  such  library 
public  documents. 

Section  7.     Trustees: 

A  town  which  supports  a  free  public  library  owned  l)y  the  town 
shall,  unless  the  same  has  been  ac(|uired  entirely  or  in  part  by  gift 
or  bequest  which  contains  other  conditions  for  its  care  and  man- 
agement, which  have  been  accepted  bv  the  town, — elect  by  ballot  a 
board  of  trustees  consisting  of  any  numlier  of  persons  male  or  female 
divisable  by  three  which  the  town  determines  to  elect;  when  such 
board  is  first  chosen,  one-third  for  one  year,  one-third  for  two  }ears, 
and  one-third  for  three  years, — and  thereafter  one-third  annually 
for  three  years.  The  board  shall  annually  choose  a  chairman  and 
secretary  and,  if  the  board  directs,  a  treasurer ;  town  treasurer  shall 
act  as  treasurer  for  the  board  until  town  otherwise  directs. 

Section  8.     Duties  of  lioard: 

The  board  sball  have  the  custody  and  management  of  the  library 
and  reading  room  and  of  all  property  owned  by  the  town  relating 
thereto.  All  money  raided  or  apiirojjriated  by  the  town  for  its  sup- 
])ort  and  maintenance  shall  be  expended  by  the  board,  and  all  money 
or  property  w^hich  the  town  may  receive  by  gift  or  bequest  for  said 
library  and  reading  room  shall  be  administered  by  the  board  in 
accordance  with  the  provisions  of  such  gift  or  bequest. 

(Verl)atim) 

Section  9.     Report : 

The  l:)oard  shall  make  an  annual  report  to  the  town. 

Section  10.  Provisions  of  the  three  preceding  sections  '^ball  not 
apply  to  librarv  associations  nor  to  a  librarv  organized  umLr  a 
special  act. 

132 


Massachusetts — 5 
Revised  Laws,  1902,  \^ol.  2.  CiiArTER  208 

Section  83.     Penalties: 

Provides  that  whosoever  wilfully,  intentionally  and  without  right, 
or  wantonl}-  and  without  cause,  writes  upon,  injures,  defaces,  tears 
or  destroys,  a  book,  plate,  picture,  eno-raving-.  map,  newspaper, 
magazine.  pani])hlet,  manuscript  or  statue  which  belongs  to  a  law. 
city,  town  or  other  pul)lic  or  incorporated  library,  shall  be  punished 
by  a  fine  of  not  less  than  five  ($5.00)  nor  more  than  fifty  ($50.00) 
dollars,  or  bv  imprisonment  of  not  more  than  six  months. 

Section  84.     Penalties: 

Provides  that  whosoever  detains  wilfullv  a  book,  newspaper,  etc., 
which  belong's  to  a  law,  city,  town  or  other  public  or  incorporated 
library,  for  thirty  days  after  due  notice,  shall  be  punished  by  a 
fine  of  not  less  than  one  ($1.00)  dollar  and  not  more  than  twenty- 
five  ($25.00)  dollars,  or  by  imprisonment  for  not  more  than  si.x 
months. 

Revised  Laws,  1902,  Vol.  1,  Chapter  38 

Section  1.     Associations,  etc.,  already  established: 

Librarv  cor])orations  or  associations  which  have  been  legally  estab- 
li.shed  shall  continue  to  have  all  the  i)owers  and  privileges  and  to  be 
subject  to  all  the  duties  and  restrictions  attached  thereto. 

L.WA'  Lir.RARIES 

Revised  Laws,  1902,  Vol.  1,  Chapter  38 

Section  2.     Establishment: 

Attorneys  at  law  admitted  to  practice,  residents  in  counties  for 
which  there  is  no  law  librar\'  association,  may  organize  as  the 
l;i\v  library  association  for  such  county  and  adopt  bv-laws,  subject 
to  the  approval  of  the  supreme  court. 

Section  3.     LTse  of  lil)rary: 

The  inhabitants  of  the  county  shall  have  access  to  the  library,  and 
may  vise  the  books  therein,  subject  to  the  provisions  of  the  by-laws. 

Section  4.     Maintenance: 

County  treasurers  shall  annually  pay  to  law  library  associations  in 
their  respective  counties  all  sums  paid  into  the  countv  treasuries 
during  the  year  Iw  the  clerks  of  courts,  to  an  amount  not  exceed- 
ing two  thousand  ($2,000.00)  dollars  in  any  one  year.  They  may 
also  pay  such  further  sums  as  county  commissioners  may  consider 
necessary.  Such  sums  shall  be  auplied  to  maintain  and  enlarge 
such  libraries.  The  treasurer  of  the  law  library  association  ^hall 
give  bond. 

1.1.3 


Massachusetts — 6 

Section  5.     State  publications: 

Each  law  library  association  shall  be  entitled  to  receive  all  state 
publications. 

INTER-LIBRARY  LOANS 

Acts  and  Resolves,  1911,  Chapter  140 

An  act  to  enlarge  the  usefulness  of  the  free  public  library  system. 

Section  1.  Any  free  public  library  may  lend  its  books  or  other  ma- 
terial to  any  other  free  public  library  in  any  city  or  town,  upon  such 
conditions  as  may  be  made  in  writing'.  Any  city  or  town  may  raise 
money  to  pay  the  expenses  of  so  borrowing  library  books  and  ma- 
terial. Nothing'  herein  contained  shall  be  construed  to  restrict  or 
modify  any  power  which  any  city  or  town  now  has  to  loan  to  or 
permit  the  use  of  its  books  by,  persons  not  citizens  of  such  city  or 
town. 

SPITTING 

Supplement  to  Revised  Laws.  1906,  Chapter  213 

Section  1.     No  person  sliall  expectorate  or  spit     *     *     *     *     ^  jjj 

any  public  library,  museum     *     *     *     * 
Section  2.     Penalty: 

Whoever  violates  any  provision  of  this  act  shrill  be  punished  by  a 

fine  of  not  more  than  twenty  ($20.00)  dollars. 

EXAMINATION  AND  REGISTRATION  OF  LIBRARIANS 

General  Acts,   1915,  Cii.vpter  106 

Section  1.     Appointment  of  librarians  by  commission: 

The  free  public  library  commission  is  authorized  to  determine,  bj' 
examination  or  by  such  rules  as  it  may  establish,  the  seLction  and 
appointment  of  supervising"  lil)rarians  and  all  other  library  workers 
who  are  paid  wholly  or  in  i^art  from  the  treasury  of  the  commis- 
sion. 

Section  2.     Re,gistralion : 

The  board  of  library  commissioners  shall  keep  a  registry  of  lil)rar- 
ians,  which  shall  give  due  credit  for  experience  and  successful  ac- 
com])lishment  as  well  as  for  formal  examination,  in  order  to  assist 
trustees  who  seek  advice  in  securing  librarians  and  assistants. 


134 


Michigan — 1 
^ITCHIGAN 

STATE  LIBRARY— TRA\'ELING  LIBRARIES 

Howell's  Annotated  Statutes.  1913.  Vol.  4 

Section  627.     Establishes  stale  library  in  the  capitoL 

Section  628.     Provides  a  committee  to  make  library  rules. 

Section  629.  Provides  for  the  appointment,  term,  duties  and  salary 
of  the  state  librarian. 

Section  630.     Librarian  shall  give  receipt  and  liond  for  property. 

Section  631.  Gives  g-overnor  power  to  remove  and  appoint,  ad  in- 
terim, successors. 

Section  632  and  633.  Provide  for  assistant  hbrarian  and  additional 
assistants. 

Section  634.  Requires  clearance  from  the  State  Librarian  lie  fore 
state  employees  shall  receive  final  settlement  of  pav. 

Section  635.  Authorizes  exchange  of  books,  statutes,  iournals,  etc., 
with  other  lil)raries  and  institutions,  and  for  sale  of  duiilicates. 

Section  636.     Provides  for  ai)iiro])riation. 

Section  637  to  642.  Provide  that  libraries  in  the  state  having  not 
less  tlian  one  thousand  volumes  mav  become  associate  libraries  and 
borrow  books  from  the  state  librarv. 

Section  643.  Api)ropriat('s  two  thousand  five  hundred  ($2,500.00) 
dollars  for  the  jjurchase  of  books  for  Michigan  traveling  libraries. 

Note:  In  1913  five  thousand  ($5,000.00)  dollars  annualK  was 
approi)riated  for  1913  and  l')14. 

Sectiox.s  644  to  647.     Changes  in  salaries  and  repealing  section. 

Sections  653  to  654.     Loans  to  women's  stu<lv  clubs: 

I^rovides  for  registration  of  women's  study  clubs  antl  authorizes 
loan  of  books  to  same  bv  strife  librarv. 

Sections  655-658.     Grange  libraries: 

Provide  for  registration,  annual  report  of,  and  loan  of  books  to 
grange  libraries;  also  for  advice  from  State  Librarian.  Such 
grange  liljraries  to  be  barred  from  privileges  herein  given  in  case 
of  failure  to  comjilv  with  re(|uirements. 

Public  Acts,  1915 

No.  29.     File  and  exchange  of  public  acts : 

Provides  for  copies  of  public  acts  to  be  furnisln'd  to  lil)r,•u•ie'^  in 
state  and  for  200  cojiics  of  same  to  be  deposited  in  Slate  Librai-\-  for 
use  and  for  exchanges. 

135 


Michigan — 2 

No.  165.     Appropriation.     Printing:  and  binding-: 

Appropriates  five  thousand  dollars  for  the  year  ending-  June  30, 
1916.  and  the  same  amount  for  the  year  ending-  June  30,  1917.  Pro- 
vides that  the  printing-  and  binding-  necessary  to  carry  on  the  work 
of  the  state  library  and  traveling-  libraries  shall  be  furnished  by  the 
board  of  state  auditors  and  paid  for  out  of  the  g"eneral  fund. 

No.  232.     File  and  exchang-e  of  state  laws: 

Provides  that  copies  of  compiled  laws  of  Michigan,  1915,  be  fur- 
nished to  libraries  in  state  and  that  200  copies  be  deposited  in  State 
Library  for  use  in  said  librarv  and  for  exchang-es. 

LEGISLATIVE  REFERENCE  DEPARTMENT 

Howell's  Annotated  Statutes,  1913,  Vol.  4 
Section  659.     Creation.     Location : 

There  is  hereby  created  and  shall  hereafter  be  maintained  in  con- 
nection with  the  state  library  a  leg-islative  reference  information 
department  for  the  use  of  members  of  the  legislature,  and  members 
of  the  several  state  departments  and  such  other  persons  as  may 
desire  to  consult  it.     It  shall  be  located  in  the  state  capitol. 

Section  660.     Staff: 

State  librarian  shall  appoint  an  assistant  who  shall  have  char,g;e  of 
said  department  under  his  supervision,  and  also  another  assistant  as 
clerk. 

Section  661.     Information.     Drafting;  ImIIs: 

Said  assistant  in  charg-e  shall  make  available  pul)lic  documents, 
keep  a  complete  file  of  printed  bills,  and  make  available  informa- 
tion as  to  proposed  leg-islation  in  other  states ;  investig-ate  the  opera- 
tion of  new  leg-islation  in  other  states  and  countries ;  give  such  ad- 
vice and  assistance  to  the  members  of  the  leg^islature  as  thev  mav 
require  in  the  preparation  of  bills  and  resolutions,  and  shall  draft 
l)ills  upon  such  sulijects  as  they  may  require. 

Section  662.     Filing^  bills,  etc. : 

After  each  session  of  the  leg-islaturc  the  secretarv  of  the  senate  and 
the  clerk  of  the  house  shall  turn  over  to  the  le,g:islative  reference 
department  copies  of  bills,  resolutions  and  all  important  leg-islative 
documents. 

Section  663.     Supplies: 

Board  of  state  auditors  shall  fm-nish  equipment  and  supplies,  on 
recniisition  of  state  librarian.  Printing-  and  binding-  shall  be  done 
as  i)art  of  the  state  printing-  and  binding-. 

Section  664.     Tax  lew : 

IMakes  an  ai)i:)ropriation  for  the  support  of  the  department. 

136 


Michigan — 3 
BOARD  OF  LIBRARY  COMMISSIONERS 

Section  648.     Appointment.     Terms: 

Governor  shall  appoint,  \\ith  the  consent  of  the  senate,  four  resi- 
dents of  the  state,  who  with  the  state  Hbrarian  shall  constitute  a 
board  of  library  commissioners,  two  members  for  four  years  and 
two  for  two  years,  and  thereafter  the  term  of  ofifice  shall  be  four 
years.  Vacancies  shall  be  filled  by  the  s^-ox-ernor  with  the  consent 
of  the  senate. 

Section  649.     Duties.     ReT)ort: 

Shall  £jive  advice  and  counsel  to  all  free  libraries  in  the  state  and 
to  all  communities  proposing-  to  establish  them,  as  to  the  best  means 
of  establishing-  and  administering  such  libraries,  the  selection  of 
books,  cataloging  and  other  details.  The  board  shall  report  an- 
nually to  the  governor ;  one  thousand  coj^ies  shall  be  printed  of  this 
rejxirt. 

Section  650.     Free  libraries  report  to  commission: 

All  free  lil)raries  organized  imder  the  laws  of  the  state  shall  make 
an  annual  rejiort  to  the  board  of  library  commissioners. 

Section  651.     Com]3ensation.     Expenses: 

No  library  commissioner  shall  receive  comi)ensation  except  that 
one  member  may  act  as  scc"etary  and  re  "eive  for  such  services  a 
.sum  not  to  exceed  three  hundred  ($300.03)  dollars  annuallv.  The 
board  shall  be  entitled  to  a  sum  not  to  exceed  five  hundred  ( $500.03 ) 
dollars  annuallv  for  actual  necessary  expenses. 

Amendments.  This  was  amended  April  24,  1013,  public  act  No.  114 
authr)rizing  the  expenditure  of  five  thousand  five  hundred 
($5,500.00)  dollars  annualh'  for  conducting  library  institutes  and 
training  schools,  for  traveling  expenses  of  council  and  other  neces- 
sarv  expenses.  An  api)roi)riation  of  five  thousand  five  hiuuhed 
($5,500.00)  dollars  was  voted  for  1913  and  a  like  amount  for  1914. 
Public  Acts,  1915,  No.  95.  ai)i)ropriated  $5,500  for  each  of  the  fiscal 
years  ending  June  30,   1916  and  June  30,   1917. 

PUBLIC  LIBRARIES 

Constitution  oi"  Miciiic.an,  Article  11 

Section  14.     Establishment.     L"se  of  fines: 

The  legislature  shall  jjrovide  bv  law  f;ir  the  establishment  of  a( 
least  one  libra rv  in  each  lownshi])  and  citv  and  all  fines  assessed 
and  collected  in  the  several  counties,  cities  and  townships  for  any 
breach  of  the  penal  laws  shall  be  e\clnsi\elv  ai>i)lieil  In  the  sujiport 
of  such  libraries. 

137 


Michigan — 4 

Howell's  Annotated  Statutes,  1913,  Vol.  4 

Section  9967.     Township  and  city  libraries : 

Provides  for  the  maintenance  of  township  or  city  libraries  under 
the  township  board  or  tlie  board  of  education.  Provides  for  the 
transfer  of  such  libraries  to  the  various  school  districts;  provides, 
that  when  the  township  is  orc^anized  as  the  township  school  district, 
the  control  of  the  hbrary  shall  pass  from  the  township  board  to  the 
township  board  of  education. 

Section  9968.     Provides  that  all   residents  shall  have  free  use  of 
library. 

Section  9969.     Provides  for  the  control  of  the  appropriations. 

Section  9970.     Makes  board  responsible  for  all  property. 

Section  9971.     Provides  for  the  appointment  of  a  librarian  and  the 
enactment  of  rules  for  a  township  library. 

Public  Acts,  1913,  No.  261 

Authorizes  boards  of  education  to  provide  for  the  maintenance  of 
free  public  libraries;  to  raise  or  borrow  money,  to  purchase  prop- 
erty, to  erect  and  maintain  building's  for  free  libraries  and  other 
educational  purposes. 

Section  1.     Maintenance: 

Boards  of  education  in  cities  where  free  public  libraries  are  under 
control  of  said  boards,  are  authorized  to  include  in  their  annual 
estimate,  a  sum  sufficient  to  properly  care  for  and  defray  the  expense 
of  maintenance  and  purchase  of  books. 

Section  2.     Funds.     Buildings: 

Boards  of  education  having  control  of  free  public  libraries  are 
authorized  to  raise  money,  either  by  including  the  amount  in  their 
annual  estimates  or  to  borrow  the  same  on  the  faith  and  credit  of 
said  school  district,  to  purchase  property  for  a  site  and  to  erect, 
equip  and  maintain  a  building  for  a  free  public  library  and  other 
educational  purposes. 

Howell's  Annotated  Statutes,  1913,  Vol.  4 

Section  10120.     Power  to  maintain.     Tax: 

The  city  council  of  each  incorporated  city  shall  have  power  to 
establish  and  maintain  a  public  library  and  reading  room  for  the 
use  of  the  inhabitants  of  such  city,  may  levy  a  tax  not  to  exceed  one 
mill  on  the  dollar,  said  tax  to  be  known  as  the  "Library  Fund." 

Section  10121.     Directors: 

When  any  city  council  shall  decide  to  establish  a  iml)lic  lilirary,  the 

138 


Michigan — 5 

mayor  shall  witli  the  approval  of  the  council  appoint  nine  directors, 
citizens,  and  not  more  than  one  member  of  the  council  shall  at  any- 
one time  lie  a  member. 

Sectiox  10122.     Terms  of  office: 

Said  directors  shall  hold  ofiice,  one-third  for  one  vear.  one-third 
for  two  years  and  one-third  for  three  years  and  their  successors 
thereafter  appointed  in  the  same  way,  shall  hold  office  for  three 
years.  Mayor  may,  with  consent  of  council,  remove  any  director 
for  misconduct  or  neglect. 

Section  10123.     Vacancies: 

^'acancies  occasioned  by  removals,  resignations  or  otherwise,  shall 
he  filled  in  like  manner  as  original  appointments.  No  director  shall 
receive  compensation  as  such. 

Section  10124.     Organization.     F'owers: 

Directors  shall  organize  by  the  election  of  officers,  shall  make  rules 
and  regulations,  shall  have  exclusive  control  of  the  expenditure  of 
all  monies,  of  the  construction  of  buildings,  supervision  of  the 
grounds,  rooms  or  buildings;  provided,  that  all  monies  received  for 
such  libraries  shall  be  deposited  with  the  treasurer  of  the  city  to 
the  credit  of  the  library  fund  and  tlrawn  upon  b}^  the  properly 
authenticated  vouchers  of  the  library  board.  Such  board  shall  have 
power  to  purchase  or  lease  grounds,  erect  or  lease  buildings,  to 
appoint  a  staff,  fix  their  compensation,  to  remove  such  appointees 
and  shall  in  general  carry  out  the  spirit  and  intent  of  this  act. 

Section  10125.     Lil^-aries  to  be  free: 

l,il)rary  and  reading-  room  established  under  this  act  shall  be  forever 
free  for  the  use  of  its  inhabitants  where  located,  subject  to  reason- 
able regulations. 

Section  10126.     Report: 

Said  directors  shall  report  annually  to  the  city  council. 

Section  10127.     Ordinances  to  protect  i)roi)erty: 

Saifl  council  shall  have  power  to  i)ass  ordinances  imjiosing  suitable 
penalties  for  the  punishment  of  persons  iniuring  library  ])roi)erty 
or  failing  to  return  lil)rary  books. 

Skction  10128.     Donations: 

Donors  shall  have  the  right  to  vest  title  of  donations  in  said  board 
of  directors,  who  shall  be  held  as  special  li-ustees. 

Section   10129.     Establishment  bv  petition: 

Provides  that  on  the  i)etition  of  fifty  voters  in  any  incorporated 
village  or  townshi]),  the  (|uestion  of  a  library  .shall  be  subniilled  to 

130 


Michigan— 6 

the  voters  at  any  election,  and  skives  form  of  establishment  in  case 
a  favorable  vote  is  had. 

Section  10130.     Form  of  ballot,  etc.: 

Gives  details  as  to  the  form  of  holding-  election,  provided  for  in 
Section  10129  and  provides  for  levying-  the  tax. 

Section  10131.     Temporary  and  permanent  boards: 

Provides  for  the  appointment  by  the  council  of  the  temporarv  library 
board  and  the  election  by  the  peoi)le,  later,  of  a  permanent  board. 

Section  10132.     .\pplication  of  act: 

This  act  does  not  apply  to  cities  or  villages  containing  a  population 
of  over  ten  thousand,  or  to  any  city  or  village  maintaining  a  public 
library  under  any  special  act. 

Sections  10133,  10134  and  10135.     Townships  mav  unite: 

Provide  for  the  union  of  two  adjacent  or  adioining  townships  to 
provide  a  library  for  the  use  of  both  under  practicallv  the  same  con- 
ditions as  in  the  previous  sections. 

Section  10136.     Villages,  townships  and  cities  mav  join: 

Permits  villages  to  join  with  townshi])s  in  the  same  way,  or  either 
to  join  with  cities. 

Section  10137.     Distribution  of  books: 

Authorizes  state  librarian  to  distribute  free  to  districts  where  they 
may  be  needed,  books  withdrawn  from  traveling  libraries  on  account 
of  their  worn  condition. 

Section  10138.     Report: 

Makes  it  the  dutv  nf  the  lil)rarian  of  any  public  library  to  report 
annually  to  the  countv  commissioner  of  schools. 

Section  10130.     List  of  liliraries: 

Makes  it  the  duty  of  the  countv  commissioner  of  schools  in  each 
county  to  report  the  list  of  all  libraries  in  his  county  to  the  state 

board  of  library  commissioners,  annually. 

Section  14691.     Penalty  for  injuring  property: 

Any  person  who  shall  wilfully  injure  a  book  or  projierty  belonging 
to  a  public  lil)rarv  shall  be  deemed  guilty  of  misdemeanor  and  on 
conviction,  fined  not  less  than  two  ($2.00)  dollars  or  more  than  one 
hundred  ($100.00)  dollars,  or  imprisoned  for  not  more  than  sixty 
days. 

SCHOOL  L:)1S  TRICT  LIBRARIES 

How  i:i.l's  Annotated  ST.vruTES,  1913.  \^ol.  4 

Section  9972.     Establishment: 

Provides  for  the  organization  of  a  school  distric*^  lil)rary. 

140 


Michigan — 7 

Section  9973.     Makes  district  board  of  education  responsible  for  all 
property. 

Section  9974.     Report: 

Makes  it  the  duty  of  the  township  clerk  or  the  district  board  of  edu- 
cation to  report  annually,  to  the  state  superintendent  of  public  in- 
struction. 

Section  9975.     Failure  to  report: 

Makes  failure  to  report  cause  of  forfeiture  of  library  money  dis- 
trilnited  liy  state. 

Section  9976.     Number  of  children  in  county  to  be  reported: 

Superintendent  of  instruction  shall  send  clerk  in  each  county  a 
statement  of  the  number  of  children  between  five  and  twenty  in 
each  district,  shall  file  such  statement  and  furnish  copy  to  county 
treasurer. 

Section  9977.     Fines  used  for  library  support: 

Proceeds  of  all  fines  for  any  breach  of  the  penal  laws  of  the  state 
when  collected  in  any  countv,  shall  be  apportioned  bv  the  county 
treasurer,  in  accordance  with  the  directions  of  the  superintendent 
of  public  instruction  as  provided  in  the  precedina;'  section,  among 
the  several  townships,  districts,  township  districts,  villages  and 
cities,  which  money  shall  be  api)lied  exclusively  to  the  support  of 
libraries  and  to  no  other  purpose. 

Section  9978.     Tax: 

Qualified  voters  in  any  school  district  or  township  may  vote  author- 
izing a  tax  for  the  suj^port  of  the  librarv. 

Section  9979.     Books: 

Authorizes  district  board  to  sell  or  .give  library  books  belonging  to 
the  district,  to  a  township  or  city  board. 


141 


Minnesota — 1 
MINNESOTA 

STATE  LIBRARY 
Constitution,  Article  5,  in  Statutes,  1913,  p.  2083 
Section  4.     Appointment  of  librarian: 

Among  other  powers  and  dnties  of  Governor,  provides  for  his  ap- 
pointment of  state  librarian,  with  advice  and  consent  of  the  Senate. 

Statutes,  1913 

Section  130.     Justices  to  gfovern  library.     Rooms: 

Provides  state  library  shall  be  maintained  under  the  supervision 
of  the  justices  of  the  supreme  court ;  that  they  shall  direct  such  pur- 
chases of  books,  pamphlets,  and  documents  therefor,  and  such  sales 
and  exchanges  therefrom,  as  they  may  deem  best.  They  shall  adopt 
rules  for  the  g-overnment  of  the  library  and  the  management  of  its 
afifairs,  and  prescribe  penalties  for  their  violation,  which  rules  shall 
be  conspicuously  posted  in  the  library  rooms. 

Section  131.     Librarian  and  assistants.     Term.     Bond: 

Term  of  the  state  librarian  appointed  by  the  governor  shall  be  two 
years  and  until  his  successor  qualifies.  He  shall  give  bond  for  at 
least  two  thousand  dollars.  Lie  may  appoint  an  assistant  librarian 
to  serve  during  his  term,  who  shall  perform  his  duties  when  he  is 
absent  or  disabled,  but  such  appointment  shall  not  take  effect  until 
approved  by  the  justices.  He  may  also  employ  from  time  to  time, 
with  the  approval  of  the  justices,  such  clerical  and  other  assistance 
as  may  be  necessary,  and  for  whose  compensation  provision  shall 
have  been  made  by  law. 

Section  132.     Lulies  of  librarian: 

Librarian  to  ha\c  general  charge  of  library  under  direction  of  the 
justices. 

Section  133.     Records.     .Accounts: 

Librarian  to  keep  record  of  additions  to  librarv,  also  of  sales;  to 
keep  accounts  and  to  pay  all  moneys  collected  into  the  treasury,  to 
be  added  to  the  librar}'  appropriation  for  the  current  year. 

Section  134.     Public  documents: 

All  official  ]ni1»Iication'^  of  tlic  United  States,  and  of  other  states 
and  countries,  which  are  received  for  the  use  of  this  state  bv  anv 
officers  thereof,  shall  be  deposited  in  the  state  library  forthwith;  and 
two  copies  of  each  official  bonk  or  pamphlet  issued  by  the  state  shall 
be  preserved  therein. 
Section  13.S.     Janitor  service: 

Provides  janitor  of  court  rooms  shall  care  for  stale  library  rooms. 

143 


Minnesota — 2 

Section  294.     Salaries: 

Provides  among  other  salaries  in  the  judicial  department,  three 
tliousand  dollars  ($3000)  for  state  librarian;  one  thousand,  eif^ht 
hundred  dollars  ($1800)  for  assistant  librarian;  twelve  hundred 
dollars  ($1200)  for  second  assistant  librarian;  nine  hundred  dol- 
lars ($900)  for  clerk. 

Section  49.37.     Printing-; 

Mentions,  among  documents  to  he  printed  by  the  state  printer,  re- 
ports of  the  state  librarian. 

Section  8419.  Copies  of  decisions,  etc.,  certified  bv  the  librarian; 
Copies  of  judicial  decisions  contained  in  any  of  the  law  or  equity 
reports  in  the  state  library,  *  *  *  certified  by  the  state  libra- 
rian, shall  be  received  in  evidence  in  like  manner  and  with  like  effect 
as  the  originals.  For  making  and  certifying  any  such  copy,  the 
librarian  shall  be  entitled  to  charge  fifteen  cents  a  folio. 


LIBRARY  COMMISSION 
General  Statutes.  1913 

Section  4911.     Members.     Terms; 

State  public  library  commission  shall  be  composed  of  the  president 
of  the  state  university,  state  superintendent  of  public  instruction, 
secretary  of  state  historical  society,  each  ex-ofificio  and  two  other 
members  to  be  appointed  by  the  governor,  each  for  a  term  of  six 
years.    Vacancies  shall  be  filled  by  like  appointment. 

Section  4912.     No  compensation: 

No  commissioner  shall  receive  any  salary  or  compensation  but  each 
shall  be  paid  expenses  necessarilv  incurred  in  performing  the  duties 
in  connection  with  the  work  of  the  commission. 

Section  4913.     Purchase  of  books: 

Commission  may  purchase  collections  of  books  to  be  used  as  a  state 
circulating  library,  from  which  anv  town,  village  or  community  may 
borrow.  It  shall  divide  such  collections  into  groups  as  traveling 
libraries,  catalog  and  prepare  them  for  circulation  and  make  rules 
for  the  conduct  of  the  business.  Suitalile  rooms  shall  be  provided 
in  the  capitol. 

Section  4914.     Advice: 

Said  commission  without  charge,  shall  give  advice  and  instruction 
to  any  public  library,  to  any  village,  town  or  comnumity  entitled  to 
borrow  from  said  collections,  upon  matters  pertaining  to  organiza- 
tion, maintenance  and  administration  of  libraries.  It  shall  assist 
by  counsel  and  encouragement  in  the  formation  of  libraries. 

144 


Minnesota — 3 

Section  4915.     Statistics.     Reports.     Disbursements. 

Commission  shall  keep  statistics  of  public  libraries  of  the  state  and 
a  record  of  its  o\vn  work  and  re])ort  same  at  each  regular  session 
of  the  legislature,  with  a  statement  of  expenditure.  Upon  presen- 
tation of  itemized  vouchers,  approved  by  at  least  three  members  of 
the  commission,  the  state  auditor  shall  issue  his  warrants  for  all 
proper  expenditure  hereunder. 

STATE  UNIVERSITY  LIBRARY 

Section  3055.     State  publications: 

The  g-eneral  library  of  the  University  of  Minnesota  is  hereby  made 
depositary  of  all  books,  i)am|)hlets,  documents,  maps  and  other  works 
published  by  or  under  the  authority  of  the  state  of  Minnesota. 

Section  3056.     Duty  of  state  officials: 

This  section  makes  it  the  duty  of  the  secretary  of  state  and  all  other 
officials  having-  custody  and  distribution  of  publications  to  deliver 
to  the  library  five  copies  of  the  legislative  manual,  one  copy  of  all 
other  publications  and  additional  copies,  in  their  discretion,  as  re- 
quested by  the  librarian. 

CLASSIFICATION  OF  CITIES 

Section  1339.     How  classified: 

Cities  are  hereby  divided,  for  legislative  i)ur])oses,  into  classes  as 
follows : 

First  class  those  having  more  than  fifty  thousand  inhabitants.  Sec- 
ond class  those  having  twenty  thousand  and  not  more  than  fiftv 
thousand.     Third  class  those  having  more  than  ten  thousand  and 
not  more  than  twenty  thousand. 
Fourth  class  those  having  not  more  than  ten  thousand  inhabitants. 

PUl'.LIC  LIP.RARIFS  AND  READING  ROOMS 

Section  4916.     Establishment.     Maintenance.     Tax: 

The  governing  body  of  any  city  or  village,  may  establish  and  main- 
tain a  i)ul)lic  library  and  reading  room,  or  either  of  them  for  the 
use  of  its  inhabitants,  and  bv  ordinance  may  set  apart  for  the  bene- 
fit thereof,  real  estate  or  other  iiublic  i)ropertv  of  the  municipality. 
In  villages  and  cities  of  the  second,  third  and  fomih  classes  it  may 
levy  an  annual  lax  of  not  more  than  three  mills  and  in  cities  of  the 
first  class  of  not  more  than  one  mill  on  the  dollar  of  all  taxable 
proi)erty  therein,  the  iM-oceeds  of  which  shall  be  known  as  the  library 
fund.  (Verbatim) 

Section  4917.     When  established   I)\-   vote.     Existing  libraries: 
If  such  librarv  or  reading  room  be  not  otherwise  established,  the 
governing  body  of  the  municii)alitv  ni)on  the  i)etition  of  fifty  free- 

145 


Minnesota — 1- 

holders  thereof,  shall  snhmit  the  question  of  such  establishment  to 
the  voters  at  the  next  munici|)al  election.  If  two-thirds  of  the  votes 
cast  on  said  question  be  in  the  affirmative,  the  governing-  bod}'  shall 
establish  the  library  and  readins?  room  and  levy  a  yearly  tax  for  its 
support  within  the  limits  fixed  in  Section  4916. 

All  public  libraries  and  reading:  rooms  heretofore  established  and 
now  existing'  in  cities  or  villages  are  continued  and  all  ordinances 
setting  apart  public  property  for  their  support,  are  hereby  con- 
firmed. Nothing  in  this  chapter  shall  be  construed  as  abridging 
any  power  or  duty  in  respect  to  libraries  conferred  by  any  city  or 
village  charter.  (Verbatim) 

Section  4918.     Directors.     Term.     Removal: 

When  any  such  library  or  reading  room  has  been  established,  the 
mayor  of  the  city  or  president  of  the  village,  with  the  approval  of 
the  council  shall  appoint  a  board  of  nine  directors,  not  more  than 
one  of  whom  shall  at  any  time  be  a  member  of  anv  such  governing 
body.  One-third  of  the  members  shall  hold  office  for  one  vear,  one- 
third  for  two  years  and  one-third  for  three  years,  and  annually 
thereafter  the  mayor  or  president  shall  appoint  three  directors  foi 
a  term  of  three  years.  Such  mavor  or  ])resident  by  consent  of  the 
council  may  remove  any  director  for  misconduct  or  neglect. 

Section  4919.     Vacancies.     No  compensation : 

Vacancies  in  the  board  shall  be  reported  to  the  council  and  filled 
by  like  appointment.  Directors  shall  receive  no  compensation  for 
their  services  as  such. 

Section  4920.     Organization.     Rules: 

The  board  shall  organize  by  electing  one  of  its  members  president, 
one  secretary  and  may  appoint  such  other  officers  and  employees 
as  it  deems  necessary.  The  secretary  shall  give  bond ;  the  board 
shall  adopt  by-laws  and  regulations  for  the  government  of  the 
library  and  for  the  conduct  of  its  business.  It  shall  have  exclusive 
control  of  the  expenditures  of  all  monevs  placed  to  the  credit  of 
the  library  fund ;  of  the  construction  of  library  buildings,  of  grounds, 
rooms  and  buildings  provided  for  library  purposes.  All  moneys 
received  for  such  librarv  shall  be  paid  into  the  city  or  village  treas- 
ury credited  to  the  librarv  fund,  separate  from  other  moneys  and 
paid  out  only  ui)on  itemized  vouchers  approved  bv  the  board.  Board 
may  lease  rooms,  fix  compensation  of  emplovces.  remove  any  of 
them  at  pleasure.  With  the  approval  of  the  council  board  mav  pur- 
chase grounds,  and  erect  a  librarv  building  thereon. 

Section  4021.     Non-residents.     Contracts  to  loan  books.     Tax: 
P)Oard  mav  admit  to  the  benefits  of  the  librar\-  non-residents  under 
such  regulations  as  it  mav  prescribe.     Board  mav  contract  wilh  the 

146 


Minnesota — 5 

county  commissioners  of  the  cnnnty  in  which  tlie  hl)rary  is  situated, 
or  in  adjacent  counties  or  with  the  a"(n'crnin^-  hoard  ot  any  neigh- 
borinc;  town,  city  or  \illase,  to  loan  books  singly  or  in  traveling; 
libraries  to  the  residents  of  such  cnuntv,  town,  city  or  village  upon 
such  terms  as  shall  be  ay-reed  ui)on.  Such  boards  or  officers  shall 
have  power  to  contract  with  the  directors  of  any  free  public  library 
for  the  use  of  said  library  bv  the  iieople  of  the  county,  town,  city 
or  village,  not  having  already  established  a  free  lil)rary.  upon  such 
terms  as  those  granted  to  the  residents  in  the  citv  or  village  where 
the  library  is  located  and  to  ))ay  such  library  board  such  amount 
annually  as  mav  be  agreed  u])on  therefor,  and  such  county,  town, 
city  or  village  board  may  establish  a  library  fund  by  levving  an 
annual  tax  of  not  over  one  mill  on  the  dollar  on  all  taxable  property 
outside  of  rmv  citv  or  village  wherein  a  free  iniblic  librar\-  is  located 
or  which  is  already  taxed  for  the  sui)port  of  any  such  library. 

Section  4922.     Directors  now  in  office.     Report : 

The  directors  of  any  such  library  or  reading  room  in  office  under 
existing  laws  shall  so  continue  until  the  expiration  of  their  terms, 
but  their  successors  shall  be  appointed  and  vacancies  filled  under 
the  provision  of  this  chapter.  The  board  shall  report  annually  to 
the  governing  board  of  the  municipality.  A  copy  of  such  report 
shall  be  filed  with  the  state  library  commission,  but  nothing  in  this 
section  shall  apply  to  libraries  in  cities  of  the  first  class. 

Section  4923.     Title  to  property  given.     Libraries  free: 

All  property  given,  granted,  conveyed,  donated,  devised  or  be- 
f|ueathed  to,  or  otherwise  acquired  by  any  municipality  for  a  library 
or  reading  room,  shall  vest  in  and  be  held  in  the  name  of,  such 
nmnicipality  and  any  conveyance,  grant,  donation,  devise,  bcfjuest 
or  gift  made  to  or  in  the  name  of,  an\'  i)ublic  library  or  library  board, 
shall  be  deemed  to  have  been  made  directly  to  such  mmn'cipalitv. 
Every  lil)rary  and  reading  room  established  under  this  chanter  shall 
be  forever  free  to  the  use  of  the  inhabitants  of  the  municipality, 
subject  to  such  reasonable  regulntions  ;is  the  directors  mav  ado])!. 

f  \^erbatim) 

Section   4924.      Acceiilance   of.    and    contracts    for    maintenance   ol' 
gifts: 

With  the  consent  of  the  governing  bod\-  of  any  cilv  or  village,  ex 
pressed  bv  ordinance  or  resolution  and  within  the  limilalions  of 
this  chai)ter,  as  to  the  rate  of  taxation,  die  library  board  ma\'  accept 
any  gift,  grant,  devise  or  ber|ues<  made  or  oftered  bv  any  i)crson 
for  librarA'  jjurposes,  or  for  the  eslabb'shment,  enlargemenl  or  ni;iin 
tcnance  of  an  art  gallerv  (m-  nnisenm  in  connection  with  ils  librarx- 
and  may  carry  out  the  conditions  of  such  donation,  and  (he  nnmi 

147 


Minnesota — 6 

cipality  in  all  such  cases  is  authorized  to  acquire  a  site,  levy  a  tax 
and  pled^;e  itself  by  ordinance  or  resolution  to  a  perpetual  compli- 
ance with  all  the  terms  and  conditions  of  the  .s^ift,  grant,  devise  or 
bequest  so  accepted ;  all  ordinances  adopted  in  reference  to  such  do- 
nations, prior  to  the  takins^  efifect  of  the  revised  laws,  are  hereby 
leo;alized  and  confirmed.  (Verbatim) 

Section  4925.     Gifts  to  vina2:es  or  cities  havins:  less  than  fifty  thous- 
and inhabitants.     Site.     Tax. 

That  whenever  any  incorporated  city  or  vilhsfe  in  this  state  having' 
a  population  of  less  than  fifty  thousand,  shall  receive  from  any  per- 
son, company,  or  corporation  a  proposition  to  build,  erect  or  con- 
struct a  public  library  buildins:,  or  to  give  or  donate  a  sum  of  money 
for  the  purpose  of  the  construction  and  erection  of  svich  public  li- 
brary building,  the  erection  and  construction  of  which  public  li- 
brary building  or  the  donation  of  which  sum  of  monev  for  such 
purpose  is  conditioned  upon  the  securing  by  such  city  or  village 
of  a  site  for  such  public  library  building  as  an  annual  tax  or  appro- 
priation by  such  city  or  village  for  the  maintenance  of  such  library; 
that  said  city  or  village  and  the  councils  and  governing  bodies  there- 
of, be  and  they  hereby  are  authorized  to  secure  and  take  title  to  such 
tracts  or  parcels  of  land  as  thev  deem  necessary  and  suitable  for  the 
site  of  such  public  library  building  and  by  ordinance  or  ordinances  to 
be  passed  and  enacted  as  other  ordinances  of  said  village  or  city 
are  required  to  be  passed  and  enacted  to  pledge  such  citv  or  village 
and  the  governing  bodies  thereof  to  annually  thereafter,  lew  and 
appropriate  for  the  purpose  of  maintenance  of  such  public  library 
a  sum  not  exceeding  two  mills  on  the  dollar  of  and  on  all  the  taxable 
property  of  such  city  or  villa-^e.  All  ordinances  so  enacted,  pledg- 
ing such  city  or  village  to  whom  such  proposition  for  the  erection 
of  a  public  librarv  building  or  the  donation  of  monev  therefor  shall 
be  matle,  to  the  annual  anpropriation  of  a  sum  of  moncA'  not  exceed- 
ing two  mills  on  the  dollar  on  the  taxable  property  of  such  city  or 
village,  be  and  the  same  are  herebv  authorized,  legalized  and  vali- 
dated, anything  in  the  laws  or  statutes  of  the  state  of  Minnesota 
or  the  special  laws  or  statutes  under  which  anv  of  such  cities  or 
villages  are  incorporated  to  the  contrarv  notwithstanding.  And  the 
city  council  or  governing  body  of  such  incorporated  citv  or  village 
is  hereby  authorized  and  empowered  to  lew  such  tax  for  the  sup- 
port of  such  librar\-  property  not  to  exceed  in  anv  one  year,  two 
mills  on  the  dollar  on  all  the  taxable  property  of  such  citv  or  village 
for  the  maintenance  of  such  library.  (Verbatim) 

(Note:  Section  4*^25  repeats  verbatim  the  first  section  of  Chapter 
93  of  the  laws  of  Minnesota  for  1901,  except  that  it  makes  the  limit 
of  the  lew  two  mills  instead  of  one  and  one-half  on  the  dollar. 
Chapter  93  of  the  laws  of  1901,  consisted  of  three  sectioiT^  and 
was  repealed  bv  Section  05.^4  of  the  general  statutes  of  10],^). 

148 


Minnesota — 7 
LAW  LIBRARIES 
Section  4926.     Law  libraries: 

In  counties  haxin.a:  ^  population  of  two  hundred  thousand  or  more, 
the  district  court  may  re(|uire  county  board  or  other  board  in  char.^e 
of  the  court  house,  to  provide  rooms  therein  for  the  uses  of  a  law 
library  whenever  the  owner  of  any  such  library  shall  offer  to  fur- 
nish and  maintain  the  same  for  a  term  of  at  least  ten  years ;  to  give 
free  use  thereof  to  all  judges  of  courts  in  the  county,  to  all  city  and 
county  officials  having;  offices  at  the  county  seat.  Upon  petition 
tlierefor,  the  court  shall  arrange  a  hearing  at  which  the  court  shall 
inquire  as  to  the  character  of  the  library  oft'ered  and  the  ability  of 
its  owner  to  carry  out  the  terms  of  the  oft'er  and  shall  hear  any  at- 
torneys who  mav  ai)pear  to  oppose  such  petition.  If  satisfied  that 
such  library  should  be  installed  the  court  shall  make  an  order  there- 
for, directing  suitable  rooms  to  be  provided  in  the  court  house  with 
necessary  light,  heat  and  janitor  service  and  require  tlie  county 
board  and  city  council  to  a])prni)riate  annually  not  less  than  twelve 
or  more  than  fifteen  hundred  dollars  for  the  salary  of  the  librarian 
and  other  necessarv  exi)enses,  which  sum  shall  be  apportioned  be- 
tween the  citv  and  countv.  The  owner  shall  retain  the  title  and 
management  of  the  librarv.  appoint  the  librarian  and  make  rtiles  for 
the  use,  except  that  no  such  rules  shall  restrict  the  access  of  public 
officials  thereto,  unless  the  same  are  a'-"'>roved  bv  the  judge.  The 
library  shall  be  maintained  by  the  owner  in  reasonable  repair  and 
efficiency  and  upon  failure  to  so  do  the  court  may  cancel  any  or  all 
orders  made  hereunder  and  rc(|uire  the  li])rary  to  be  removed. 

SicrrioN  4927.     Balances  on  deposits: 

Provides  that  balances  on  any  deposits  made  with  the  clerk  of  anv 
district  court  as  security  for  fees  which  are  not  withdrawn  for 
three  years  shall  become  the  property  of  any  bar  association,  indi\id- 
ual  or  cori^oration  by  whom  such  law  library  has  been  installed. 

Section  4928.     Same: 

For  the  jnirpose  of  this  act  an  action  or  proceeding  shall  be  deemed 
terminated  when  no  step  shall  have  been  taken  to  i)r()secule  sucli 
action  for  a  ijcriod  of  three  vears. 

Section  4929.     Law  libraries  in  counties  ha\nig  one  hundred  thous- 
and inhabitants: 

In  anv  county  having  a  poi)ulation  of  one  hundred  tiiousand  or  over, 
the  countv  board  or  other  body  in  charge  of  the  court  house  is 
authorized  to  provide  rooms  therein,  for  the  use  of  such  law  libraries, 
and  such  county  board  or  other  body  may  install  such  libraries 
therein,  bv  inuxhasing,  leasing  or  securing  same  from  an  individual 
or  association  upon  such  terms  as  to  tliem  shall  be  deemed  to  the 
interest  of  the  people 

149 


Minnesota — 8 

LIBRARIES  IN  VILLAGES 

Section  1268.     Villag-es: 

A  village  council  shall  be  composed  of  five  members  of  whom  three 
shall  be  a  quorum  and  shall  have  power  to  adopt,  amend  or  repeal 
all  such  ordinances,  rules  and  by-laws  as  it  shall  deem  expedient 
for  the  following-  purposes ;     *     *     * 
14.     Libraries: 

To  establish  and  maintain  public  lil)raries  and  reading  rooms,  pur- 
chase books  and  periodicals  therefor  and  make  needful  rules  for  the 
safekeeping  and  handling  nf  the  same.     *     *     * 

SCHOOL  LIBRARIES 

Section  2949.     Book  lists: 

The  state  high  school  board  shall  from  time  to  time  i)repare  and 
amend  a  list  of  books  suitable  for  school  libraries,  including  dic- 
tionaries, reference  books,  works  on  history,  biography,  literature, 
economics,  agriculture,  travel  and  science. 

Section  2950.     State  aid: 

Upon  receiving  from  any  district  a  certificate  approved  by  county 
superintendent  showing  purchase  of  books  from  foregoing  list, 
apjjointment  of  a  lil^rarian,  and  proper  arrangements  for  the  care 
and  use  of  the  library,  the  state  auditor  shall  upon  requisition  pa\- 
one-half  the  purchase  \ir\ce,  not  exceeding  twenty  dollars  ( $20 )  in 
the  first  year  and  ten  dollars  ($10)  in  any  .subsequent  year,  for  each 
separate  school  so  furnished. 

Provided  that  any  school  board  may  a^-ree  with  any  ])ublic  lilirarv 
board  for  a  specified  period  to  Ijecome  a  branch  of  said  inililic  li])rarv 
and  to  receive  books  from  it,  in  which  e\'ent  the  school  ]>oard  ma\' 
turn  over  to  the  pu])lic  librarv  all  books  not  needed  for  reference  in 
the  school,  and  may  i^av  to  the  librarv  boa'-d  the  monev  provided 
by  the  school  district  and  by  state  aid.  All  books  to  be  selected  from 
the  state  list.  Such  agreement  shall  l)e  approved  bv  sui)erintendent 
and  i)ublic  li])rarv  board,  who  shall  make  rules. 


L=;o 


.  -'■  '  ■  Mississippi — 1 

MISSISSIPPI 

STATE  LIBRARY 
Code.  1906 
Sectiox  4717.     Provides  for  tlie  ai^pointment  of  a  state  librarian. 
Section  4718.     Prescribes  HI)rarv  hours. 

Section  4719  to  4722  inclusive.     Prescribe  the  duties  of  the  librarian. 
Section  4723  to  4725  inclusive.     Board  of  trustees. 
Section  4726.     Provides  for  an  assistant  librarian. 

Section  4727.  Specifies  duties  of  the  librarian  as  secretary  of  the 
board  of  trustees. 

Sections  4728  to  4732.     Provides  rules  for  the  use  of  books. 

Section  4733.     Method  of  ])urchasino-  books. 

Section  4734.     Contingent  expenses. 

Section  4735.     Sale  of  surplus  copies. 

Section  4736.     Inventory  at  the  close  of  the  term  of  librarian. 

COUNTY  LIBRARY 
Code  1906 

Section  4642.     Acts  and  journals  distributed: 

Provides  that  the  acts  and  journals  of  each  session  of  the  legisla- 
ture shall  be  distributed  to  a  lartje  number  of  officers  and  institu- 
tions and  aniono;  them  the  sheriff  of  each  county,  for  the  county 
library. 

Section  4643.  Provides  for  distribution  of  the  acts  of  the  legisla- 
ture. 

Section  4644.  Provides  in  like  manner  for  the  distribution  of  depart- 
mental rei)orts  and  that  a  coi)y  of  each  shall  ffo  to  the  sheriff  of 
each  county,  for  preservation  in  the  countv  library. 

Section  4645.  Provides  in  the  same  way  that  a  copy  of  each  volume 
of  the  Mississiiipi  reports  shall  a"o  to  the  sheriff  of  each  countv, 
for  ri  countv  library. 

Section  4648.  Provides  that  acts  of  Conofress  and  other  books  and 
papers  distributed  bv  the  secretary  of  state  shall  "o  to  the  sheriff  of 
each  county  for  the  county  library. 

.Skction  -1685.     Countv  librarian: 

Provides  thai  tlie  sheriff  shall  be  the  custodian  of  the  books  belongf- 
ine  to  the  countv  and  shall  keep  them  in  a  suitable  safe  book-case  in 
the  courtdiouse,  shall  keep  them  well  bound  in  leather  or  stiff  boards 

151 


Mississippi — 2 

with  leather  back  and  corners,  shall  be  fined  ten  dollars  by  the  court 
as  for  a  contemi^t,  for  each  volume  belonging-  to  the  county  and 
which  is  passed  into  his  custody,  that  shall  be  out  of  the  court  room 
at  any  term  of  court.  He  shall  also  receive  and  care  for  in  the  same 
way  all  books,  maps,  given  to  the  library  from  any  source,  and 
shall  not  ])ermit  any  books  to  be  carried  out  of  the  court  house. 

Section  4686.     Provides  for  the  proj^er  labeling-  of  the  books. 

Section  505.     Chancellor: 

A  chancellor  shall  be  appointed  for  each  judicial  district. 

Section  508.     Duty  of  chancellor  as  to  county  library : 

The  chancellor  at  each  term  of  court  shall  examine  the  books  in  the 
county  lil-irary,  see  that  thev  are  jiroperly  kept,  and  that  the  sherifif 
faithfully  i:)erforms  his  duty  as  county  liljrarian.  He  shall  cause  his 
findings  in  the  premises  to  be  entered  on  the  minutes,  noting-  all 
books  that  have  been  added  to  the  library  and  all  liooks  that  may  not 
be  present.  He  shall  imi)ose  a  fine  as  provided  for  each  volume  lie- 
longing  to  the  county  and  which  has  passed  into  the  custody  of  the 
sherift',  that  shall  be  out  of  the  court-room  at  any  term  of  court.  He 
shall  impose  a  fine  on  the  sherift'  for  anv  other  violation  of  his  duty 
as  county  librarian,  not  exceeding  one  hundred  dollars. 

SCHOOL  LIBRARIES 

Code.  1906 

Section  4629.  When  any  public  free  school  in  this  state  shall  raise 
ten  dollars  by  subscription  or  otherwise,  for  a  librarv  for  such 
school,  and  shall  furnish  a  suitable  book-case  with  lock  and  key, 
the  superintendent  of  education  of  the  county  where  such  subscrip- 
tion is  raised  may  issue  his  certificate  for  ten  dollars  in  favor  of 
said  school  to  be  paid  out  of  the  common  school  fund  of  that  county ; 
but  in  no  case  shall  the  amount  given  by  the  countv  in  any  year 
exceed  one  hundred  dollars;  provided,  that  no  school  shall  receive 
a  second  donation  from  the  school  fund  for  lilirary  purposes  so 
long  as  there  are  any  new  applications  from  schools  that  have  not 
been  supplied.  (Verbatim) 

Section  4630.     County  library  commission: 

The  county  superintendent  of  education  shall  name  two  first  grade 
teachers,  who,  together  with  the  county  superintendent  of  educa- 
tion, shall  constitute  a  county  library  commission,  and  it  shall  be 
the  duty  of  this  commission  to  make  a  list  of  books  suited  for  school 
libraries,  and  all  books  purchased  under  this  provision  shall  be 
selected  from  this  list.  It  shall  be  the  duty  of  this  commission  to 
make  rules  and  regulations  to  govern  and  control  the  use  of  such 
libraries  in  tiie  countv.  and  shall  name  a  local  manager  for  each 

1.S2 


Mississippi — 3 

library,  who  shall  make  a  report  every  year  to  the  conntv  commission 
of  all  books  purchased  during-  the  year,  of  the  money  on  hand  at 
the  time  of  the  report,  together  with  the  amount  expended  for  lil)rary 
purposes.  The  county  suiierintendent  shall  keep  a  list  of  books  pur- 
chased by  the  several  lil)raries  of  his  county  and  make  a  library 
report  to  the  state  superintendent  of  education  biennially  with  the 
county  school  report.  (Verbatim) 


153 


Missouri — 1 
MISSOURI 

STATE  LIBRARY 

Revised  Statutes,  1909,  w  2 

Section  8152.     Sui)rcnie  court  tn  appoint  lil)rarian.     His  duties  and 
salary. 

Section   1853.     Duty  of  lil)rarian.     Certain  documents: 

Librarian  sliall  have  custody  of  all  property  belonsin^-  to  the  library. 
Secretary  of  stale  shall  deliver  to  the  librarian  certain  documents 
enumerated. 

Section  8154.     Librarv  rooms: 

Miscellaneous  and  law  library  shall  be  kei)t  in  rooms  set  ajiart  in 
the  supreme  court  buildinL:-. 

Section  8155.     Librarian  shall  fdl  vacancies  in  series  of  acts,  iour 
nals,  etc. 

Section  8156.     Approiiriation  for  state  library. 

Section  8157.     Purchase  of  l)ooks: 

Librarian  shall  purchase  books  for  the  law  library,  under  the  direc- 
tion of  the  judges  of  the  sui)reme  court. 

Section  8158.     Provides   an   assistant   and  fixes  compensation  and 
duties. 

Section  8159.     State  audilor  shall  audit  accounts  of  the  library. 

Section  8160.     Lilirarian  to  make  catalog",  and  rejiort. 

Section  8161.     Certain  exiienses  to  be  allowed  librarian. 

Section  8162.     Rules: 

Fixes  the  hours  of  ojicning  the  librarv,  and  rules  for  the  issue  of 
books. 

Skctio.x  8163.  l'ro\'ides  for  securing  the  return  of  books  loaned. 

Section  8164.  Penalties  for  violation  of  rules. 

Section  8165.  Liability  of  the  librarian  for  books  lost  or  destroyed. 

Sectio.v  8166.  r.xchange  of  supreme  court  decisions. 

Section  8167.  Care  of  the  rooms. 

Section  8168.  Terms  of  librarian  and  assistant. 

Si-:ction  8169.  Court  reports  to  be  rei)laced. 

Section  8170.      State  librarian  to  exchange  pul)lications  with  other 
states. 

LS5 


Missouri— 2 
LIBRARY  OF  THE  GENERAL  ASSEMBLY 

Section  8177.     Establishment: 

There  shall  be  maintained  in  tlie  capitol  building^  a  library  to  be 
known  as  the  Library  of  the  General  Assembly  of  tlie  State  of 
Missouri. 

Section  8178.     Contents: 

It  shall  contain  statutes  of  Missouri,  session  acts,  leo^islative  jour- 
nals, and  other  documents,  and  such  other  books  and  documents  as 
the  library  committee  may  deem  appropriate. 

Section  8179.     Bv  whom  controlled: 

Shall  be  under  the  control  of  the  House  and  Senate  durin,^  sessions 
of  the  General  Assembly,  and  at  other  times  under  the  charo^e  of 
the  secretary  of  the  library  commission. 

Section  8180.     Librarians  and  their  duties: 

One  clerk  from  the  House  and  one  clerk  from  the  Senate  shall  be 
designated  as  librarians,  and  shall,  under  the  supervision  of  the 
secretary  of  the  library  commission,  properly  file  and  arrange  the 
library. 

Section  8181.     Legislative  committee: 

A  committee  consisting  of  three  representatives  and  three  senators 
shall  be  appointed  a  special  committee  at  the  beginning  of  each  ses- 
sion of  the  Legislature,  to  have  superintending'  control  of  the 
library. 

Section  8182.     Librarian's  duty  during-  recess: 

The  secretary  of  the  library  commission,  during  recesses  of  the 
General  Assembl}^  sliall  keep  the  library  in  proper  condition. 

Section  8183.     Regulations: 

The  library  shall  be  for  the  exclusive  use  of  the  members  of  the 
General  Assembly,  and  shall  be  conducted  under  rules  and  regula- 
tions prepared  by  the  lilirary  committee  and  adopted  by  joint  action 
of  the  House  and  Senate. 


MISSOURI  LIBRARY  COMMISSION 

Section  8171.     Appointment.     Terms: 

The  governor  shall  appoint  three  members  who  with  the  state  super- 
intendent of  schools  and  president  of  the  State  University,  shall 
constitute  the  Missouri  Library  Commission.  Members  shall  be 
appointed  for  si.x,  four  and  two  years,  all  subsequent  appointments 

156 


Missouri — 3 

shall  be  for  six  years,  except  appointments  to  fill  vacancies  or  un- 
expired terms. 

Section  8172.     Duties.     Summer  schools: 

Commission  shall  "ive  ach-ice  to  all  school,  free  and  other  public 
libraries  and  to  communities  proposino-  to  establish  libraries,  upon 
the  establishment,  maintenance  of  libraries,  selection  of  books,  cata- 
logino-  and  other  details.  It  mav  receive  gifts  for  library  puri)oses, 
may  purchase  and  ojierate  travelinjs:  libraries  and  circulate  such 
libraries  within  the  state,  among-  communities,  libraries,  schools, 
library  associations,  studv  clubs  and  institutions,  free  of  cost  ex- 
cept for  transportation  under  proper  rules  and  conditions.  It  may 
publish  lists  and  circulars  of  information,  may  conduct  summer 
schools  for  librarv  instruction  and  clearing  house  for  periodicals 
for  free  gift  to  local  libraries. 

Section  8173.     Officers.     Expenses: 

Commission  shall  choose  a  president  of  their  own  number  and  a 
secretarv  not  of  their  own  numb,er  and  mav  emplov  such  other  assist- 
ants as  shall  be  reriuired.  The  secretarv  shall  keep  a  record  of  the 
proceeding's  and  of  ils  linancird  transactions  and  shall  act  under  the 
direction  of  the  commission  in  supervising  the  work  of  traveling 
libraries  and  organizing  new  libraries.  In  addition  to  his  salary 
he  shall  be  allowed  his  actual  necessary  expenses.  No  member  of 
the  commission  shall  be  compensated  for  his  services,  but  accounts 
for  the  traveling  expenses  of  members  incidental  to  attending  mect- 
in.gs  or  establishing  libraries,  when  approved  l)v  the  president  and 
secretarv  shall  be  paid. 

Section  8174.     Lectures: 

Commission  mav  arrange  courses  of  lectures  in  normal  schools  on 
library  subjects,  may  cooperate  with  the  state  librarv  board  in  de- 
visin.g  plans  for  care  of  school  district  libraries  and  in  aiding 
teachers  and  school  librarv  administration. 

Section  8175.     Report: 

Commission  shall  report  annually  to  the  gfeneral  assemblv  when  in 
session  and  when  not  to  the  governor.  The  report  shall  be  pub- 
lished. 

Section  8176.     Headquarters: 

rieadc|uarters  of  commission  shall  be  in   refferson  City. 

CITY,  VnJ..'\CF.  AXn  TOWXSIIIP  LIBRARIES 

Si.cTiON  8187.     Library  fund: 

Upon  tlu'  petition  of  one  hundred  taxpaving  voters  in  anv  incor- 
])orated  city,  asking  that  a  lew  of  two  mills  on  a  dollar  annuallv 

iS7 


Missouri — 4 

shall  be  levied  for  the  maintenance  of  a  free  public  library,  and  in 
cities  of  over  one  hundred  thousand  inhabitants,  that  a  levy  of  not 
to  exceed  two-fifths  of  one  mill  annually  shall  be  levied,  the  mayor 
and  common  council  shall  cause  this  to  be  voted  on  at  an  annual  or 
special  election,  and  upon  a  favorable  vote  the  tax  shall  be  levied 
and  known  as  a  "Librarv  Fund,"  provided,  such  tax  shall  cease  in 
case  a  niaiority  of  the  le-^al  voters  so  vote  at  an  annual  election. 

Section  8188.     Directors: 

When  an  incorporated  city  shall  have  decided  to  establish  and  main- 
tain a  public  lil)rary  and  reading:  room  under  this  article,  the  mayor 
with  the  ai^proval  of  the  legislative  branch  of  the  municipal  g-ov- 
ernment,  shall  appoint  nine  directors,  citizens  at  large;  no  member 
of  the  municipal  government  shall  be  a  member  of  the  board. 

Section  8189.     Term  of  office: 

Said  directors  shall  hold  oflice,  one-third  for  one  year,  one-third  for 
two  years,  one-third  for  three  years  and  their  successors  shall  be 
appointed  thereafter  for  three  years.  The  mayor  may,  with  the 
consent  of  the  legislative  ])ranch,  remove  any  director  for  miscon- 
duct or  neglect. 

Section  8190.     A^acancies.     No  compensation.     Relations  not  to  be 
employed : 

Vacancies  occurring  by  removal,  resignation  or  otherwise,  shall 
be  filled  in  like  manner  as  original  ap])ointments.  No  director  shall 
recei\-e  compensation  as  such,  no  i'>erson  shall  be  emploved  by  such 
board  who  is  related  either  l)v  Ijlnod  or  ])v  marriage  to  any  director 
of  said  board. 

Section  8191.     Organization.     Powers: 

Said  directors  shall  organize  by  election  of  ofhcers,  shall  make  by- 
laws and  rules  for  their  own  guidance  and  the  government  of  the 
library,  shall  have  exclusive  control  of  the  expenditures  of  all 
moneys,  construction  of  any  library  building,  custody  of  grounds, 
rooms,  and  buildings,  constructed  or  leased.  All  moneys  received 
for  such  lil)rarv  shall  be  deposited  in  the  treasury  of  the  city  or 
village  as  a  "Liln-ary  Fund"  and  drawn  upon  bv  the  proper  officers 
of  said  city  or  village,  uixin  the  authenticated  vouchers  of  the 
librarv  board;  such  board  shall  have  power  to  purchase  or  lease 
"rounds  or  buildings,  power  to  appoint  staff,  fix  compensation  and 
remove,  and  such  power  as  may  be  necessarv  to  carrv  out  the  sitirii 
and  intent  of  this  article. 

Section  8192.     Who  mav  use  the  li])rar\-: 

Such  library  and  reading  room  shall  be  forever  free  to  the  use  of 
the  inhabitants  of  the  city  where  located,  subiect  to  reasonaltle  regu- 
lations. The  board  mav  extend  the  jM-ivilege  of  such  library  to 
l)ersons  residing  outside  of  such  cil\-  upon  such  terms  as  they  may 
l)rescribc. 


]\TissouRi— 5 
Section  8193.     Report: 

Said  l)oar(l  of  directors  siiall  report  aniiually  to  the  city  council. 

Sectiox  8194.     Penalties: 

City  council  may  pass  ordinances  imposing:  penalties  for  the  injury 
of  lil)rary  property  or  failure  to  return  lilirarv  hooks. 

Section  8195.     Donations: 

Any  person  desiring-  to  make  donations  for  the  hcnefit  of  such  lil)rarv 
shall  have  the  rig-ht  to  vest  the  title  of  such  donations  in  the  hoard 
of  directors,  who  shall  he  considered  special  trustees. 

Section  8196.     ^^llag■e  or  townshiji  lilirarv: 

Gives  the  proper  authorities  in  any  villaoe  or  township,  upon  the 
petition  of  fifty  legal  voters,  the  right  to  estahlish  a  lihrary  on  the 
same  conditions  as  those  in  section  8187. 

Section  8197.     Directors: 

The  directors  of  a  vina"C  or  township  lihrarv  shall  he  elected  at 
the  next  regular  election  after  the  vote  to  estahlish  a  lihrary.  Sucli 
directors  shall  have  the  same  terms  of  office  and  the  same  powers  as 
those  conferred  ujion  the  du'ectors  of  free  puhlic  ]il)raries  in  cities. 

Section  8198.     Use  of  lihrary  hy  county: 

County  coiu"t  in  any  countv  wherein  is  an  incorporated  city  con- 
taining a  pul)lic  lihrary,  whenever  petitioned  hv  one  hundred  or 
more  taxpaying  citizens  of  said  citv  and  one  hundred  or  more  rax- 
paving  citizens  of  said  countv  residing  outside  of  said  city  for 
tlie  use  l)v  the  citizens  of  said  countv  residing  outside  of  said  city 
of  said  hhrarv,  shall  have  the  right  to  contract  with  tlic  officers  of 
said  li1)rary  for  such  use  tliereof  hv  said  citizens  of  said  county 
residing  outside  of  the  citv  and  to  ajipropriatc  the  moneys  from  the 
county  revenues  of  said  county  tlierefor  and  continue  such  contract 
or  renewals  thereof,  from  vcar  to  vear.  i)rovided  that  the  annual 
amount  so  ai)proi)riate(l  shall  not  exceed  three  i)er  cent  of  the  county 
revenues. 

Section  8199.     Lihrarv  huilding  fund: 

\\'hcnever  in  any  incorjiorated  city  which  lias  decided  to  estahlish  a 
])ul)lic  lihrarv  and  reading"  room,  one  hundred  taxjjaving  voters  of 
such  incorporated  city  shall  petition  the  proper  authorities  asking 
an  annual  tax  to  he  levied  at  an  increased  rate  of  taxation  for  the 
erection  of  a  puhlic  lihrary  huilding.  s])ecifying  a  rate  not  to  exceed 
one  and  onedialf  mills  and  not  to  be  levied  for  more  than  five  yeais 
and  the  hoard  of  directors  of  such  lil)rarv  shall  deem  it  necessary 
that  such  lihrary  huilding  he  erected,  tlie  proper  authorities  shall 
arrange  to  have  it  voted  on  at  the  next  election,  and  if  it  receives 
two-thirds  of  the  votes  cast,  such  tax  shall  he  levied  and  known  as 
the  "Lihrary  Huilding  I'^und"  and  i)laced  under  the  control  of  the 

l.SO 


Missouri — 6 

board.  The  fund  thereby  provided  shall  be  in  addition  to  the  annual 
tax  levied  for  the  maintenance  of  the  lil)rary. 

Section  8200.     Plans  and  specifications: 

When  it  has  been  determined  at  such  election  to  provide  for  the 
erection  of  a  free  public  library  buildin.a:.  the  library  board  shall 
have  plans  and  specifications  prepared,  take  bids  thereon  and  let 
the  contract  therefor  to  the  lowest  and  best  responsil)le  bidder, 
takins^  securities  for  the  performance  of  his  bid. 

Section  8201.     Board  may  sell  land: 

Whenever  a  board  has  acf|nired  or  shall  acquire  a  lot  and  shall 
thereafter  determine  that  it  is  not  judicious  to  erect  a  building-  on 
said  lot,  said  board  is  empowered  to  sell  or  exchan.a:e  and  use  the 
proceeds  to  acquire  other  property  for  the  same  purpose,  provided 
sections  8199,  8200  and  8201  shall  not  apply  to  cities  under  ten  thous- 
and inhabitants. 

LIBRARIES  IN  CITIES  OF  OVER  THREE  HUNDRED 
THOUSAND  INHABITANTS 

Section  8202.     Directors: 

When  any  city  having;'  over  three  hundred  thousand  inhabitants 
decides  to  establish  a  public  library  and  reading-  room,  the  mayor 
shall  with  the  approval  of  the  council  appoint  nine  directors,  chosen 
from  citizens  at  large ;  no  member  of  the  municipal  government  shall 
be  a  member  of  said  board  and  not  more  than  five  of  such  directors 
shall  be  members  of  the  same  political  party. 

Section  8203.     Term  of  office: 

Said  directors  shall  hold  office  one-third  for  one  year,  one-third  for 
two  years  and  one-third  for  three  years ;  their  successors  thereafter 
for  three  years.  The  mayor  may,  with  consent  of  the  council,  re- 
move any  director  for  misconduct  or  neglect. 

Section  8204.     Vacancies: 

Vacancies  in  the  board  by  removal,  resignation  or  otherwise  shall 
be  filled  in  like  manner  as  original  appointments;  no  director  shall 
receive  any  comiiensation  as  such. 

Section  8205.     Organization.     Powers: 

Said  directors  shall  be  known  as  board  of  directors  of  the  public 
library;  shall  organize  by  the  election  of  officers,  shall  adopt  l)y- 
laws  and  rules  for  their  own  guidance  and  the  government  of  the 
library,  shall  have  exclusive  control  of  expenditure  of  all  moneys, 
.shall  have  custody  of  grounds  and  buildings,  provided  all  moneys 
for  such  libraries  shall  constitute  a  "Library  Fund"  separate,  and 
drawn  upon  by  projier  officers  of  the  city  upon  authenticated  vouch- 
ers of  the  library  board.     Board  shall  have  power  to  inirchase,  hold 

ir)0 


Missouri — 7 

or  lease  .e;TOunds,  to  lea.'^e  huildin.s^s,  to  issue  bonds  secured  1)v  deed 
of  trust  on  any  land  of  which  they  may  be  possessed,  for  the  pur- 
pose of  erecting-  library  buildin.gs  and  for  no  other  purpose.  All 
property  shall  vest  in  such  board  and  be  held  by  it  in  trust ;  l^oard 
shall  haye  po\ver  to  ap])oint  staff,  fix  compensation  and  to  remoye, 
and  shall  carry  out  the  spirit  and  intent  of  this  article. 

Section  8206.     Report : 

Board  shall  rejiort  annually  to  the  mayor. 

Sfxtion  8207.     Penalties: 

Cities  shall  have  power  to  pass  ordinances  imposino^  penalties  for 
injury  to  library  j^rounds  or  property  and  for  failure  to  return 
any  library  book. 

L.\ws,  1909,  p.  249 

Section  253.     Public  library  directors: 

Establishes  public  library,  provides  for  board  of  nine  directors  a])- 
pointed  by  mayor;  no  person  holdinc^  any  other  office  in  municipal 
g^overnment  shall  be  a  member;  members  shall  serve  without  com- 
pensation. 

Section  254.     Appropriation: 

Mayor  and  council  shall  annually  appropriate  out  of  the  sfcneral 
revenue  moneys  for  the  jiroper  maintenance  and  support  of  public 
libraries;  ])royides  sucii  annual  ajjprojiriation  shall  not  be  less  Uian 
four-tenths  of  one  mill  of  the  assessed  valuation. 

Section  255.  Practically  the  same  as  8203. 

Section  256.  Same  as  8204. 

Section  257.  Same  as  8205. 

Section  258.  Practically  the  same  as  section  8192. 

Section  259.  Practically  the  s.Miie  as  section  8193. 

Section  260.  Treasurer  of  the  library  board  shall  be  re(|uired  to 
give  bond. 

Section  261.     Practically  the  same  as  section  8194. 

Section  262.     Practically  the  same  as  section  8195. 

SCHOOL  DISTRICT  LIRRARIES 
Laws  of  Missouri,  1909,  Art.  3.  i-.  838 

Section  26.  Board  of  directors  of  any  such  city  school  district  shall 
have  power  to  establish  and  maintain  a  public  lil)rary  and  reading 
room  for  the  use  of  the  school  district  and  to  ai)pro])riate  such  sums 


Missouri — 8 

as  the  board  may  deem  propL-r  for  sui)port  of  said  library  and  read- 
ing room. 

Laws  of  Missouri,  1911,  p.  413 

Section   1.     Auditoriums  in  libraries: 

Gives  school  boards  the  right  to  erect  and  maintain  and  to  let  out 
for  compensation  an  auditorium  or  public  hall  in  connection  with  a 
public  library,  art  gallery  or  museum  and  the  proceeds  thereof  to 
be  applied  for  the  purchase  of  books  for  the  public  library. 

Laws  of  ALssguri,  1913,  p.  720,  s.  b.  54 

Amends  Section  10,871  of  Revised  Statutes  of  1909,  concerning 
duties  and  powers  of  boards  of  education,  by  giving  them  power 
to  establish  separate  libraries,  parks  and  play  grounds  for  the  use 
of  white  and  colored  persons. 

SCHOOL  LIBRARIES 

Revised  Statutes,  1909,  Voi..  2 

Sectiox  8184.     State  library  board: 

Provides  for  the  creation  of  a  school  library  board  of  five  members, 
four  appointed  by  the  state  board  of  education  for  four  years  and 
the  state  superintendent  of  schools,  exofficio. 

Section  8185.     Lists  of  books: 

Shall  select  lists  of  bonks  for  pul)lic  school  libraries  and  mav  make 
contracts  with  publishers.  The  stale  superintendent  of  public 
schools  shall  publish  and  distribute  a  classified  list  of  selected  books. 

Section  8186.     Book  fund: 

District  school  boards  shall  set  aside  for  the  purpose  of  purchasing 
for  school  libraries,  suiiplemcntary  and  revised  books,  not  less  than 
five  or  more  than  twenty  cents  per  pupil  enumerated  in  the  district 
each  year,  which  shall  be  spent  in  purchasing  books  from  the  lists 
selected;  provided  that  when  one  hundred  selected  bonks  have  been 
purchased,  other  books  may  lie  purchased. 


162 


MONTANA 

Montana — 1 

STATE  LIBRARY 

Rexised  Coue,  1907 

Section  1207.     \Miat  constitutes  library: 

Books,  pamphlets,  pajiers,  etc.,  belonsin":  to  the  state  and  in  the 
Montana  library,  and  all  that  may  be  added  thereto,  constitute  the 
state  library  of  Montana. 

Section  1208.     Under  control  of  trustees.     Two  departments : 

State  library  consists  of  two  separate  departments:  (1)  Law 
library;  (2)  Historical  and  miscellaneous  library;  the  former  under 
the  control  of  five  trustees,  of  which  the  chief  justice  and  associate 
justices  of  the  supreme  court  shall  be  ex-officio  members,  the  sec- 
retary of  state  and  state  auditor,  the  chief  justice  president  and 
the  secretary  of  state  secretary;  the  latter  (lilM-ary)  shall  be  under 
the  control  of  five  trustees  appointed  by  the  governor  with  the  con- 
sent of  the  senate.  The  members  of  both  boards  shall  serve  without 
compensation,  and  the  terms  of  those  not  serving-  ex-ofticio  shall  l)e 
for  two  years. 

Section  1209.     Powers  and  duties  of  boards: 

The  powers  and  duties  of  said  boards  are  as  follows:  (  1  )  to  make 
rules  for  their  own  government  and  for  the  government  of  the 
libraries;  (2)  to  provide  suitable  rooms  and  eriuipment;  (3)  to 
appf)int  their  respectiv'e  librarians  and  ])rcscribe  their  duties;  (4) 
to  sell  or  exchange  duplicate  books  and  i)ay  the  money  into  the 
library  fund  of  the  de])artment  to  which  it  belongs;  (5)  to  see  that 
the  property  is  in  ord-r  and  repair;  (6)  to  draw  from  the  state 
treasury  monies  belonging:  to  the  funds  of  their  resi)ecti\e  (lei)art 
ments;  (7)  tn  report  to  the  governor  bienniallv. 

Section  1210.     Librarian: 

Liljrarian  holds  his  oflke  for  two  years  unless  sooner  removed  \)\  a 
majority  vote  of  the  trustees. 

Section  1211.      Duties  of  librarian  nf  each  departnu'iil  : 

( 1 )  to  be  in  attendance  during  office  hf>urs;  (2)  under  direction  of 
trustees  to  make  all  purchases  for  the  library;  ( ?>)  to  number  and 
stamp  all  books  and  catalog  them;  (4)  to  attend  to  the  binding  of 
all  books;  (5)  to  keep  a  register  of  all  property;  (6)  to  keep  a  regis- 
ter of  all  I)ooks  taken  from  the  library;  (7)  to  provide  for  the  ex- 
change of  books  and  other  publications. 

Section  1212.     Use  of  books: 

Permits  the  use  of  the  lil)rar\-  for  reading  by  all  persons;  provides 
special  conditions  uufler  which  bo  >ks  may  be  withdrawn  b\-  state 
officials,  members  of  the  legislature,  and  others. 

163 


Montana — 2 

Section  1213.     Provides  for  the  return  of  books  withdrawn  under 
the  conditions  in  section  1212. 

Section  1214.      I'rovides  penalties  for  failure  to  return  books. 

Section   1215.     Provides  penalties  for  injury  to  books. 

Section  1216.     Library  funds: 

The  fund  of  the  law  library  department  consists  of  twenty  percent 
of  all  fees  collected  by  the  clerk  of  the  supreme  court,  and  any  ap- 
propriations made  bv  the  le,a:islature.  The  fund  of  the  historical  and 
miscellaneous  department  consists  of  the  receipts  from  the  sales  of 
any  of  its  publications,  and  any  appropriations  made  bv  tiie  legisla- 
ture. 

Section  1217.     Provides  hours  of  opening. 

Section  1218.     Provides  salary  for  the  librarian. 

Section  1219.     Requires  a  bond  from  the  lil^rarian. 

Section  1220.     Historical  department : 

Provides  additional  duties  for  the  librarian  of  this  department,  as 
follows :  ( 1 )  to  procure  by  purchase,  exchang-e  or  donation,  books 
on  pioneer  history  of  Montana;  (2)  to  procure  specimens  of  metals, 
minerals,  flora,  fauna  and  antiquities  of  the  state;  (3)  to  procure 
copies  of  all  newspapers  in  the  state,  and  also  of  mag^azines.  pam- 
phlets; (4)  publish  each  year  a  volume  of  transactions  and  contribu- 
tions. 

Section  1221.     Provides  for  payment  (if  expenses  for  freight,  etc. 

Section  1222.     Provides  for  payment  of  other  expenses. 

Section  1223.     Provides  for  the  transfer  of  the  library  of  the  histori- 
cal society  of  Montana  to  the  state  library. 

Section   1224.     Provides  that  this  shall  be  under  the  control  of  a 
board  of  five  trustees. 

Section  1225.     Provides  for  rules. 

Section  1226.     Transfer  of  books: 

Books,  papers,  etc.,  belonging  to  the  state,  now  in  the  miscellaneous 
division  of  the  Montana  library,  shall  form  part  of  the  library  of 
the  historical  society. 

Section  1227.     Provides  two  assistants  to  the  librarian  of  the  his- 
torical department. 

Section  1228.     Provides  tliat  the  law  lilirarian  shall  index  the  session 

laws. 
Section   1229.      Provides  that  the  secretary  of  state  shall   provide 

copies  to  be  used  in  preparing  such  indexes. 

164 


Montana — 3 

Section  1230.     Provides  assistants  for  the  law  lil)rarian  in  preparins^ 
such  indexes. 

STATE  CIRCULATING  LIBRARIES 

Section  1231.     Lihraries  hereby  created  shall  he  known  as  the  state 
circulating"  libraries  of  the  state  of  Montana. 

Section  1232.     ?^Iakes  ai)pro])riations  for  this  puri)ose. 

Section  1233.     Control : 

Said  libraries  shall  be  under  the  citntrol  of  a  l)oard  composed  of  the 
superintendent  of  ]niblic  instruction,  the  attorney  general  and  state 
auditor. 

Section  1234.     Provides  for  the  purchase  of  books. 

Sectio.n   1235.     Composition  oi  libraries: 

Board  shall  divide  said  books  into  libraries  of  one  liundred  books 
each. 

Section  1236.     Board  shall  make  rules  for  tlic  circulation,  care  and 
preservation  of  said  libraries. 

Section  1237.     Use  of  libraries: 

Any  community,  village,  town  or  city  mav  have  the  use  of  one  of 
said  libraries  for  a  period  not  to  exceed  six  months,  upon  giving 
securitv  and  paving  necessary  expenses  for  freight,  etc. 

COUNTY  LIBRARIES 

Laws,  1015,  Chai'ikr  45 

An  act  for  the  establishment  and  maintenance  of  countv  free  libraries. 

Section  1.     Establishment: 

Upon  the  petition  of  not  less  than  twenty  per  cent  of  the  voters  of 
a  county,  at  least  one-half  of  whom  reside  out  of  the  countv  seat,  a 
notice  shall  be  filed  with  the  county  commissioners  requesting  the 
establishment  of  a  county  free  library.  Commissioners  mav  by 
resolution  establish  at  the  county  seat  a  countv  free  librarv.  At 
least  once  a  week  for  four  successive  weeks,  prior  to  taking  such 
action  the  commissioners  shall  publish  in  a  newsi)ai)er  of  general 
circulation  in  such  county,  notice  of  such  contemi)lated  action,  giv- 
ing date  and  ])lace  of  a  meeting  for  ;i  jmblic  hearing. 

Section  2.     Citv  or  town  mav  withdraw: 

After  the  establishment  of  a  countv  free  librarv  the  legislative  bodv 
of  any  citv  or  town  in  the  countv  mav  withdraw  bv  nolifving  the 
county  commission  that  such  citv  or  town  no  longer  desires  to  be 
part  of  the  county  free  library  system.  Thereafter  the  residents  of 
the  city  or  town  shall  cease  to  participate  in  the  benefits  of  such  free 

165 


Montana — f 

library  and  the  property  shall  not  be  liable  to  taxation  for  county 
free  library  purposes ;  provided  that  the  leo"islative  body  of  such  citv 
or  town  shall  r>ive  notice  by  puljlication  in  some  ne\vspai:)er  of  gen- 
eral circulation  in  the  city  for  four  successive  weeks. 

Section  3.     Librarian,  appointment,  qualifications: 

I'pon  the  establishment  of  the  cnuntv  free  librarv.  the  countv  com- 
missioners ma}'  ap])oint  a  covmty  librarian,  who  ma^'  be  removed 
for  or  without  cause.  Any  person,  a  .gi'raduate  of  a  librarv  school 
or  having-  one  year's  practical  experience  in  lil)rarv  work,  shall  be 
eligible  to  the  office  of  county  librarian. 

Section  4.  Library  under  supervision  of  cnuntv  commissioners : 
County  library  shall  be  under  the  supervision  of  countv  commis- 
sioners who  shall  have  power  to  make  rules,  to  establish  Ijranches 
and  stations  throughout  the  countv,  to  decide  upon  the  number  and 
kind  of  employees,  and  appoint  and  dismiss  such  employees.  All 
employees  whose  duties  require  special  training  shall  be  graded  by 
the  county  librarian  before  appointment  in  the  g^raded  service.  Can- 
didates must  pass  examinations  appropriate  for  the  position  sought 
and  satisfactory  to  the  librarian  and  commissioners,  and  show  satis- 
factory experience  in  library  work;  provided  the  countv  librarian 
may  also  accept  apprentices  without  compensation. 

Section  5.     Duties  of  countv  librarian : 

Prescribes  the  duties  of  the  countv  librarian  in  detail. 

Section  6.     Lil)rary  fund.     Donations: 

County  commissioners  may  annually  levy  special  tax  not  to  exceed 
one  mill  on  the  dollar  upon  all  property  in  such  county.  Bonds  ma)' 
l)e  issued  for  the  erection  and  equipment  of  covmty  free  library 
buildings  and  purchase  of  land  therefor.  County  commissioners 
are  authorized  to  receive  donations :  monies  received  shall  constitute 
a  separate  fund.  Payments  shall  be  authorized  and  aiipro\-ed  by 
the  county  librarian  and  acted  upon  in  the  same  manner  as  other 
claims  against  the  county. 

Section  7.     School  libraries: 

Provides  for  taking  over  school  lil)raries  already  in  existence. 

Section  8.     School  district  libraries: 

Provides  for  making  school  district  libraries  branches  of  the  county 
library. 

Section  9.     School  district  library  funds: 

Provides  for  turning  over  the  funds  of  school  district  libraries  to 

the  county  free  lil)rary  fund. 
Section  10.     Disestal)lishment: 

Provides  for  the  disestablishment  of  the  county  free  library  in  the 

same  manner  as  its  establishment. 

166 


Montana — 5 

Section  11.  Provides  for  city  library  becominaf  county  library: 
County  coniniissioners  may  contract  with  tlie  authorities  of  any 
free  public  library  in  any  city  or  town  in  the  county  to  become  the 
county  free  lil^rary  and  mav  pav  them  for  the  service  from  the 
county  library  fund.  Such  arranq-emcnt  ma\-  lie  terminated  In'  cither 
party  on  six  months"  notice. 

Section  12.     Pavments: 

Provides  form  of  i)avment  of  bills. 

PUBLIC  LTBRARTES 
Reviseo  Code,  1007 
Section  3219.     Trustees: 

Trustees  of  any  imblic  library  created  or  existing  in  a  citv  or  town 
mvist  be  appointed  by  the  mayor  with  the  advice  and  consent  of 
the  council.  The  number  of  such  trustees  and  their  duties  must  lie 
prescribed  by  ordinance. 

Section  3488.     Council  may  establish  library: 

Council  has  power  to  establish  and  maintain  a  free  public  library 
and  may  provide  by  ordinance  for  a  tax  as  follows:  .\ny  city  having" 
an  assessed  valuation  of  one  million  dollars  or  more,  a  tax  not  ex- 
ceeding- two  mills  on  the  dollar;  a  city  having  an  assessed  valuation 
of  less  than  one  million  and  more  than  seven  hundred  and  fifty 
thousand  dollars,  a  tax  not  exceeding  two  and  one-half  mills;  in 
a  city  having  an  assessed  valuation  of  less  than  seven  hundred  and 
fifty  thousand  dollars,  a  tax  not  exceeding  three  mills:  the  tax  so 
levied  to  be  known  as  "Library  l-'und."  Xo  increase  in  the  present 
authorized  le\y  shall  be  made  except  by  a  vote  of  ta\'])ayers. 

SiccTioN  3489.     Levy: 

Prescribes  form  of  vote  for  election  on  levy. 

Section  3490.     Kstablishment : 

The  f|uestion  of  the  estal)lisliment  ot'  a  blirary  may  be  submitted  at 
an  annual  or  si)ccial  election  and  must  he  submitted  at  such  election 
on  the  petition  of  one  hundred  or  more  inhabitants.  If  the  majority 
of  the  votes  cast  at  such  election  is  in  favor,  then  such  a  library  must 
be  established. 

Laws,  1915,  Cii.\i'ti:i^  114 

Amends  Section  3219  by  giving  trustees  of  the  library  complete 
control  of  the  funds  ))royide(l  for  in  Section  3488. 

SCHOOL  LIBRARIES 
Revised  Code,  1907,  Aut.  23 
Section  1030.     Lilirarv  fun<l: 

Creates  library  fund  which  mav  be  added  to  by  donations  which 
school  trustees  sliall  exiiend  for  the  )iurch;ise  of  books  in  a  school 

ir,7 


Montana — 6 

library;  provides  that  in  certain  school  districts  trustees  may  ex- 
pend this  fund  for  the  maintenance  of  the  schools. 

Section   1031.     Amount  of  fund: 

Except  in  cities  having  a  population  of  two  thousand  or  more,  the 
library  fund  shall  consist  of  not  less  than  five  or  more  than  ten  per 
cent  of  the  county  school  fund,  provided  that  not  more  than  fifty 
($50.00)  dollars  shall  be  expended  in  the  district. 

Section  1032.     Lil^-ary  fund  in  cities: 

In  cities  having-  a  population  of  two  thousand  or  more  the  library 
fund  shall  be  not  to  exceed  fifty  ($50.00)  dollars  for  each  five  hun- 
dred children  or  a  fraction  thereof  exceedinis:  three  hundred  between 
the  ages  of  six  and  twenty-one. 

Section   1033.     Control.     Location: 

Libraries  shall  be  under  control  of  board  of  trustees  and  kept  when 
practical,  in  the  school  houses. 

Section  1034.     Rules  and  reports: 

Trustees  shall  be  held  responsible  for  the  care  and  preservation  of 
the  librarv  and  shall  report  annually  to  the  county  superintendent. 

Section  1035.     Books: 

All  books  shall  be  selected  from  lists  apin'oved  l)v  the  superintend- 
ent of  pul)lic  instruction. 

Note:  These  sections  were  re-enacted  in  1913  without  anv  special 
change;  they  form  Sections  1200  to  1205  of  the  Session  Laws  ot 
1913'. 


K>R 


Xeisraska — 1 
NEBRASKA 

STATE  LIBRARY 
Re\-iskd  Statutks,   1913 

Section  Z777 .     \\'li;U  shall  constitute: 

All  hooks,  ])anii)hlets,  etc.,  now  belonging-  to  the  state  or  which  shail 
be  acquired  hereafter  shall  constitute  the  state  library. 

Skctigx  3778.     Divisions: 

There  shall  be  two  divisions  in  the  state  Ii1)rarv,  hrst  miscellaneous 
books,  etc..  known  as  the  "Miscellaneous    Division,"   second,   law 
books  and  rejOTrts.  which  shall  be  known  as  the  "Law  Division." 
Note:     This  provision  is  obsolete. 

Sectiox  Z~7'''>.     Directors: 

The  jud^-es  of  the  supreme  court  shall  constitute  the  hoard  of  direc- 
tors of  the  state  library;  shall  have  ])(nver  to  make  rules,  prescribe 
penalties,  etc. 

Sections  3780  to  3782  and  Section  3785  to  3788.     Use  of  liljrary: 
Prescribe  rules  for  the  or.iianizalion  and  use  of  the  library. 

Section  3783.     Librarian  shall  rci)orl  annualK-  to  the  ff'^vernor. 

Section  3784.     Provides  ai)pro]iriation. 

Section  3789  to  3791.     State  publications: 

Provide  for  the  distribution,  exchanL;'c  and  deposit  of  publications. 

LAW  Lir.RAin' 

Section  3805.     Law  Library: 

The  county  board  in  counties  haviiT^-  mor-  than  150,000  i)oi)nlation 
may  provide  a  law  library  for  the  use  of  llie  iudg'es,  other  county 
olVicers,  and  oilier  jiersons  designated. 

STATF,  l.ll'.KAKV  COMMISSION 

.Section  380^).     Library  commission: 

(iovernor  shall  ai)i)oint  one  i)erson  for  a  term  of  five  years  who, 
with  the  stale  librarian,  superintendent  of  public  instruction,  the 
chancellor  and  librarian  of  the  L'niversitv  of  Nebraska,  shall  con 
stitute  the  Nebraska  public  library  commission.  Members  shall 
serve  witbotu  i)a\',  but  shall  he  allowed  actual  expenses:  shall  eleci 
a  chairman  from  its  number  and  a  secretary  who  may  be  chosen 
outside  of  its  number,  secretary  shall  kee])  records  of  proceedings 
and  an  account  of  its  financial  tran-aclions,  and  shall  have  char|L;"e 
of  its  work  in  orq^anizin^'  new  libraries  and  other  yeneral  adminis- 

169 


Nebraska — 2 

trative  duties.  Secretary  shall  in  addition  to  suitable  salary,  be  al- 
lowed travelino-  expenses. 

Section  3807.     Privileg-es: 

Any  library  comninnity,  local  organization  or  body  of  citizens  or- 
ganized for  library  purposes,  shall  upon  complyino-  with  the  rules 
prescribed  by  this  commission  be  entitled  to  the  privileges  of  this 
article. 

Section  3808.     Books  loaned  to  reading  circles: 

An}'  books  or  other  property  of  the  commission  may  be  loaned  to 
any  library,  college,  university  extension  center,  Chautauqua  circle, 
literary  society,  study  club  or  otherwise,  approved  by  the  com- 
mission under  such  rules  for  safe  keeling:,  care  and  handling  as 
may  be  fixed  b}'  the  commission.  The  expenses  of  transportation 
shall  be  paid  by  borrowers. 

Section  3809.     Reports  from  libraries: 

The  commission  shall  each  year  obtain  from  all  libraries  in  the  state 
reports  showing  their  condition  and  growth,  with  other  facts  and 
statistics,  as  may  be  deemed  of  interest. 

Section  3810.     Advice  to  libraries: 

The  commission  shall  when  asked,  give  advice  and  instruction  to 
all  libraries  or  individuals  and  to  communities  who  may  propose  to 
establish  libraries,  as  to  the  best  means  of  org-anizing  and  adminis- 
tering such  libraries,  selecting  and  cataloging  books  and  other  duties 
of  library  management.  The  commission  shall  so  far  as  possible 
promote  and  assist,  by  counsel  and  encouragement,  libraries  where 
none  exist  and  may  send  at  its  own  expense  memljers  or  officers  to 
aid  in  organizing  new  libraries  or  improving  those  already  estab- 
lished. 

Section  3811.     Purchases.     Report: 

The  commission  shall  purchase  books  and  equiijuient  for  use  in  lend- 
ing its  traveling  libraries,  shall  keep  a  complete  record  of  libraries 
to  which  books  are  sent  and  shall  make  a  biennial  report  to  the 
governor. 

Section  3812.     Offices  for  the  commission: 

Offices  shall  be  provided  at  the  University  of  Nebraska  or  the  state 
capitol  building. 

Section  3813.     Payments: 

Payments  may  l)e  made  on  an  order  signed  bv  the  secretary  and 
chairman ;  upon  such  order  being  presented,  the  state  auditor  shall 
draw  a  warrant  from  the  state  treasurer  for  the  amount  thereof, 
not  exceeding  the  anidunt  of  the  aiii^ropriation. 

170 


Nebraska — 3 

rrr.TJCT.ir.R  ARIES 

Sectiox  3792.      Establishmenl.     Taxes: 

The  council  of  any  city,  the  trustees  of  anv  incorporated  village,  the 
county  board  of  any  county  and  the  electors  of  any  township,  at 
their  annual  town  meeting-  shall  have  the  power  to  establish  a  public 
library  free,  for  the  use  of  the  inhabitants  of  such  division,  or  to 
contract  for  the  use  of  a  public  library  already  esta!)lished,  and  may 
levy  a  lax  not  more  than  three  mills  on  the  dollar  annually,  proceeds 
to  be  known  as  the  "Librar\'  Fund" ;  provided  that  when  a  county 
board  shall  levy  for  a  county  library,  it  shall  omit  from  the  levy  all 
property  within  the  limits  of  any  subdivision  which  already  main- 
tains a  library  by  public  tax,  and  provides  further,  that  before  the 
establishmenl  of  a  county  library,  a  maiority  of  the  voters  votiny 
thereon,  at  a  Livneral  election,  shall  ha\'e  authorized  its  establish- 
ment. 

Skctio.x  3793.     Directors: 

When  a  city,  council  or  villasfe  board  shall  decide  to  establish  a 
librar}-,  they  shall  elect  a  library  board  of  nine  members,  citizens 
at  large ;  neither  the  mayor  nor  any  member  of  the  council  or  board 
may  be  a  member.  Directors  shall  be  first  elected,  three  for  one 
year,  three  for  two  vcars  and  three  for  three  years,  and  thereafter 
for  three  years.  Vacancies  or  unexpired  terms  shall  be  filled  in  the 
same  way.  Xo  director  shall  receive  anv  compensation.  Directors 
shall  give  such  lionds  as  may  be  required. 

Si-;i'Tiox  3794.      Directors  of  a  county  or  townshi]): 

When  a  ci>unl\-  I)f)ard  or  tlie  electors  of  a  township  haye  decided  to 
establish  a  i)ublic  library,  the  county  board  or  township  board  shnll 
a])i)oint  a  library  board  of  five  members,  no  member  of  which  shall 
be  a  member  of  the  county  or  township  boards,  one  for  a  term  of 
one  year,  one  for  two  years,  one  for  three  years,  one  for  four  years 
and  one  for  five  years,  and  thereafter  their  successors  shall  be  ap- 
pointed for  fiye  years.  .\o  director  shall  receive  anv  compensation 
and  directors  .shall  give  such  bond  as  re(|uired. 

Section  3795.     Directors.      Powers  and  duties: 

Directors  shall  organize  by  electing  officers,  shall  have  power  to 
make  by-laws  and  regulatifms,  shall  ha\e  exclusive  control  of  ex- 
j)enditin"cs  and  all  library  l)nil(lings  and  proi)erl\-.  may  contract  with 
counties,  townships,  cities,  \-illages  or  school  districts,  for  the  U'-c 
of  the  library. 

.Sk(  riox  3796.     Inmds: 

.\11  funds  received  for  tlir  sui)pon  of  ihc  lihrarv  shall  be  kepi  a> 
sei)arate  funds  and  shall  be  drawn  ui)on  I)\-  xduclicrs  signed  1)\-  the 
president  and  secretary  of  the  board. 

171 


Nebraska — 4 

Section  3797.     Board.     Powers: 

Library  boards  shall  have  power  to  purchase  or  lease  .2:roiinds,  erect 
or  lease  buildins;s,  appoint  staff,  fix  their  compensation  and  remove 
such  appointees;  shall  have  power  to  make  reg^ulations,  to  fix  pen- 
alties and  forfeitures  and  shall  exercise  such  powers  as  mav  be 
necessar}'  to  carr}'  out  the  spirit  and  intent  of  this  article. 

Section  3798.     Lihrarv  j-hall  be  free: 

.Such  libraries  and  readinof  rooms  shall  be  forever  free  to  the  use 
of  the  inhabitants  of  the  city,  village,  county  or  township,  subject 
to  reasonable  req-ulations. 

Section  3799.     Annual  report: 

The  library  board  shall  report  annually  to  the  citv  council  or  the 
villag'e,  county,  or  township  board. 

Section  3800.     Penalties: 

Penalties  imposed  or  accruinsf  bv  anv  bv-law  or  res^ulation  mav  be 
recovered  in  a  civil  action  instituted  in  the  name  of  the  library  board 
before  anv  ma.t^istrate  or  court  having;  jurisdiction. 

Section  3801.     Donations: 

Any  person  may  make  a  donation  for  the  benefit  of  the  inililic  library 
and  the  title  of  such  donation  shall  vest  in  the  library  board,  who 
shall  become  the  owners  thereof  in  trust. 

Section  3802.     School  districts: 

Any  school  district  may  at  its  discretion  authorize  the  school  board 
to  contract  the  use  of  a  public  lihrarv  for  the  inhabitants  of  such 
district. 

Section  3803.     E.xemptions: 

The  property  of  any  public  lihrarv  shall  be  exempt  from  execution 
and  shall  also  be  exempt  from  taxation,  as  is  other  public  property. 

Section  3804.     Deposits: 

The  library  board  shall  have  power  to  authorize  anv  circulating 
lil)rarv.  or  other  reading  matter  or  work  of  art,  to  be  (U-positcd  in 
the  public  lihrarv  rooms,  to  be  drawn  or  used  out  of  the  rooiiis  on!v 
on  the  payment  of  a  fee.  Deposits  mav  be  removed  bv  the  owner 
at  pleasure,  such  deposits  shall  hi'  sul)icct  to  use  and  reading  within 
the  rooms  without  char<2e. 

EMPLOYEES'  RETIREMENT  PUND 

Section  3814.     Creation: 

In  everv  pnl;lic  lihrarv  in  a  city  of  the  metropolitan  class,  there  mav 
be  created  an  emplovees'  retirement  fund,  which  shall  be  under  the 
control  of  the  citv  council.  Such  retirement  fund  shall  be  created 
first  bv  an  assessment  of  not  more  than  one  and  one-half  per  cent 

172 


Nebraska — 5 

of  each  installment  of  salary  paid  to  an  employee  re.srularlv  employed 
in  such  lihrary;  second  hy  setting-  aside  from  the  g'eneral  fund  of 
such  lihrary  or  other  funds  under  ihe  control  of  such  lihrary  an 
amount  not  more  than  one  and  one-half  times  the  amount  of  such 
salary  assessment  and  not  less  than  the  amount  necessary  to  meet 
the  accrued  payments  herein  j^rovided  for;  third,  by  receipt  of  gift 
or  bequests,  proyided,  howeyer,  if  at  any  time  the  retirement  fund 
shall  in  the  judg'ment  of  the  council  become  sufficiently  larg^e  to  meet 
all  probable  demands,  then  in  that  eyent  the  council  may  susjiend 
temporarily,  the  salary  assessment. 

Note:  City  of  metropolitan  class  defined,  l)y  Section  4067  of  1913 
Statutes,  as  one  \yith  ]xipulalion  of  one  hundred  thousand  or  more. 

Section  3815.     Disbursement: 

Such  retirement  fund  or  as  much  thereof  as  may  be  necessary,  shall 
be  disbursed  in  the  manner  hereinafter  set  forth.  Any  suri)lus  of 
such  fund  may  be  inyesled  by  the  council  in  any  of  the  followinq; 
securities:  bonds  of  the  county,  of  the  city,  state  of  Nebraska  or  the 
United  States. 

.Section  3816.     Beneficiaries: 

Any  employee  haying-  seryed  thirty-live  years  mav  be  retired  by  city 
council,  any  em])loyee  haying  seryed  forty  years  shall  l)e  retired, 
such  em])loyee  provided  that  at  least  twenty  years  of  such  service 
shall  have  been  in  the  pul)lic  library  of  such  city  shall  be  entitled  to 
receive  thereafter  for  life,  four  hundred  and  twenty  dollars  per  an- 
num in  e(|ual  monthly  pavments. 

Sec  riox  3817.     Retirement  for  disability: 

Any  employee  having  served  twenty  or  more  years  may  l)e  retired 
on  account  of  disability,  i)hysical  or  otherwise.  Any  employee  so 
retired,  i)rovided  at  least  twenty  years  of  accredited  service  shall 
have  l)een  in  the  public  library  of  such  city,  shall  be  entitled  to  re- 
ceive annually,  ])ayments  to  an  amount  which  shall  bear  the  same 
relation  to  four  hundred  and  tv.'entv  dollars  as  the  length  of  actual 
service  does  to  thirty-five  years.  Such  emi)lovee  if  the  disabilitv 
should  cease,  may  be  reinstated  and  any  right  to  pavments  shall 
cease  with  such  reinstatement.  The  period  of  such  temporary  re- 
tirement may  be  included  in  the  reckoning  of  the  time  for  final 
retirement,  but  shall  not  be  included  in  arriving  at  the  amount  such 
employee  shall  receive. 

Section-  3818.     Exemptions: 

No  heirs,  legatees,  creditors,  or  assigns  shall  be  entitled  to  money 
from  such  fund  and  it  shall  be  exemi)t  from  attachment,  garnish- 
ment, or  execution. 

Section  3819.     Discharge.     Forfeiture: 

Nothing  in  tliis  article  shall  i)revenl  the  disch;irge  of  an\   cnii.loxre 

173 


Nebraska- — 6 

at  the  discretion  of  the  city  council;  such  discharge  for  other  causes 
than  disabihty  or  length  of  service  shall  forfeit  any  right  to  benefii 
from  this  fund. 

Section  3820.     "Employee"  construed: 

In  contruing-  this  article  the  word  "employee"  shall  include  the 
salaried  employees,  ofificial  or  otherwise. 

Section  3821.     Fund: 

Council  shall  keei)  such  fund  as  a  separate  fund  and  disburse  or  in 
vest  same  in  accordance  with  the  terms  of  this  article. 

Section  3822.     Rules  and  reg'ulations : 

The  council  shall  have  i)ower  to  adopt  rules  and  regulations  for 
carrying"  out  the  provisions  of  this  article  not  in  conflict  therewith. 


174 


.\k\  AUA 1 

NEVADA 

STATE  LIP.RAR^■ 

Reviski)  Laws.  1912 

Section  3946.     Books  and  documents  in  library: 

All  books,  maps  and  cliarts  belonging  to  or  wliich  may  hereafter 
come  into  the  possession  of  the  state,  or  which  may  be  received  in 
their  official  capacity  by  any  state  officer,  or  received  from  foreign 
nations,  or  donated  by  any  person  or  corporation,  shall  be  placed  in 
the  state  library  and  carefully  preserved  by  the  librarian. 

Section  3947.     Librarian : 

The  secretary  of  state  shall  be  exofficio  state  lil)rarian,  take  charq'e 
of  the  library  and  all  papers,  and  other  proiiertv,  be  responsible  for 
the  safe  keepino-  of  all  the  proj^erty  of  the  state  library,  shall  keep 
a  catalog-  of  books  for  reference,  and  shall  report  annually  on  the 
concHtion  of  the  lil)rary. 

Section  3948  to  3951.     Provide  rules  for  the  use  of  the  library  and 
penalties  f(ir  violation  of  rules. 

Section  3^)52.     Eces  paid  to  lil)rarv: 

Provides  that  all  fees  for  issuini^-  commissions  for  state  offices,  shall 
.2^0  into  the  library  fund  ui)  to  the  amount  of  five  thousand  dollars. 

Section  3953.     Eces  from  attorneys: 

Provides  that  no  person  shall  be  admitted  to  practice  as  attornc\ 
or  counselor-at-law,  until  he  has  contributed  to  the  librarv  fund, 
ten  dollars. 

Note:  Section  3947  making-  the  secretary  of  state  exofficio  stale 
lilirarian  was  passed  in  l(Sf)5.  In  1893  the  following:  sections  3954 
to  3*)59,  making-  the  lieutenant  .governor  exofficio  state  librarian  and 
prescribing-  duties,  were  passed. 

Sec  Tiox  3'^54.      Prescrilies  office  hours. 

Skc  rioN  3^)55.      Register  of  books,  safe  keeping  of  proi)erty. 

Section  3956.     Method  of  i)urchasing-  books  and  paving  expenses. 

Section  3957.     Rcjiort : 

Librarian  to  rciiort  annu.nllv. 

Section  3958.     Bond: 

Lieutenant  governor  shall  gi\e  bund  as  exofficio  stale  librarian  for 
one  lliouNand  dollars. 

Section  3959.     Receipt: 

Lieutenant  governor  as  exoflicio  stale  librarian  shall  give  receipt 
to  the  justice  of  the  supreme  court  for  books  and  property. 

175 


Ne\'ada — 2 

Note:  In  1893  the  follovvins,'  section  was  passed  making-  the  secre- 
tary of  state,  exofficio  state  hhrarian. 

Section  4110.     Chang-e  in  hbrarianship: 

Secretary  of  state  shall  be  exofhcio  clerk  of  the  supreme  court  and 
exofficio  state  librarian     *     *     * 

Seitiox  3960.  State  librarian  authorized  to  api^oint  an  assistant 
hbrarian  wlio  shall  perforin  the  duties  of  librarian  at  the  state 
liljrary. 

Section  3961.     Librarian  authorized  to  sell  duplicates. 

Section  3962.  Provides  janitor  and  en.s^ineer  for  the  state  library 
building'. 

Statutes  of  Nevada.  1915.  Page  310,  Chapter  202 

Section  2.     Librarv  commission.     Duties: 

State  library  shall  be  under  the  control  of  a  state  library  commis- 
sion, consisting'  of  the  chief  justice  and  associate  justices  of  the 
supreme  court.  The  commission  shall  appoint  a  state  librarian,  who 
shall  hold  office  at  the  pleasure  of  the  commission.  Librarian  shall 
qualifv  and  give  bond.  State  librarian  shall  a])point  an  assistant, 
and  shall  l)e  responsible  for  the  safe-keeping  of  all  propertv  of  the 
state  library.     Connnission  shall  adopt  rules  and  regulations. 

PUBLIC  LIBRARIES 
Revi.sed  Laws,  1912 
Section  3227.     Establishment  on  petition : 

Whenever  in  any  county  a  petition  or  petitions  for  the  establish- 
ment of  a  free  public  library  certified  by  the  judge  of  any  judicial 
district  as  being  signed  by  a  majority  of  the  taxpayers  or  by  tax- 
payers representing  a  majority  of  the  taxable  property  in  any  city, 
unincorporated  town  or  school  district  shall  be  presented  to  the 
board  of  county  commissioners  of  the  county  in  which  said  city, 
unincorporated  town  or  school  district  is  situated,  accompanied  by 
an  affidavit  of  one  or  more  signers  thereof  that  signatures  are  genu- 
ine, such  board  of  county  commissioners  shall  within  ten  days  levy 
a  tax  upon  all  taxable  property  of  said  city,  town  or  district,  not 
less  than  five  or  more  than  ten  cents  on  each  one  hundred  dollars 
Aaluation  for  the  purpose  of  creating  a  fund  to  be  known  as  the 
"Library  Fund."  Each  year  thereafter  said  board  of  countv  com- 
missioners shall  levy  a  tax  for  said  purpose  of  not  more  than  ten 
cents  on  each  one  hundred  dollars  valuation. 

Section  3228.     Ajipoinlment  of  trustees: 

State  board  of  education  of  Nevada  whenever  notified  of  a  petition 
presented  as  provided  in  Section  3227.  shall  apjioint  three  residents 

\7C^ 


Ne\'ada — 3 

of  such  city,  town  or  district  as  library  trustees,  who  shall  hold  office 
for  a  period  of  one,  two  and  three  years  respectively,  and  said  state 
board  of  education  shall  annually  thereafter  appoint  one  library 
trustee  who  shall  hold  oflice  for  three  years.  All  vacancies  which 
may  occur  shall  be  lilled  by  the  state  board  of  education.  Trustees 
shall  serve  without  compensation  and  shall  hold  office  until  their 
successors  are  appointed  and  qualified. 

Sfx'tion  3229.     Powers  of  trustees: 

Said  trustees  shall  have  power  to  and  shall  establish  and  maintain 
a  library  and  reading-  room,  make  purchases  and  secure  rooms,  em- 
ploy assistants,  appoint  officers,  establish  by-laws  and  re.s^ulations 
and  manage  affairs  of  said  library.  They  and  their  successors  shall 
hold  the  ])roperty  and  effects  of  said  library  in  trust  and  may  as 
library  trustees  acquire  and  hold  real  estate  and  personal  property, 
and  administer  any  trust  declared  or  created  and  may  prosecute, 
maintain  or  defend  an}'  action  in  reference  to  the  property  or  affairs 
of  said  lil)rary. 

SF.rnox  3230.     Manner  of  paying  claims: 

All  claims  for  indebtedness  incurred  by  said  librarv  trustees  shall 
be  audited  by  a  majority  of  said  trustees  and  presented  and  acted 
ujion  by  the  board  of  county  commissioners  and  paid  out  of  said 
library  fund;  no  indebtedness  in  excess  of  the  amount  of  mone\- 
to  be  realized  in  any  year  from  saitl  lew,  shall  be  incurred  bv  said 
trustees  or  allowed  by  the  countv  commissioners  and  in  no  case  shall 
anv  claim  exce])t  for  library  i)ur])oses,  be  paid  out  of  said  fund. 

Section  3231.     Library  free: 

Said  library  shall  be  forever  free  and  accessible  to  the  peo])le  of  such 
city,  town  or  district,  subject  to  such  reasonable  rules  as  the  trustees 
may  adopt. 

IX  CITIRS  AND  TOWN'S 

Section  7'M.      Powers  of  council: 

Said  council  shall  have  the  following  powers     *     *     * 
61.     To  eslalilish,  maintain  and  regulate  free  public  libraries  and 
reading  rooms  as  are,  or  may  be  provided  by  law  and  perpetuate 
free  such  libraries  and  reading  rooms  as  mav  have  been  heretofore 
established  in  such  cities. 

TX  SriTOOP  DT.STRTCTS 

Section  3303.     District  school  libraries'  fund: 

The  superintendent  of  public  instruction  shall  each  vear  set  apart  a 
sum  of  not  less  than  three  dollars  or  more  than  five  dollars  for  each 
teacher  to  which  the  district  is  entitled,  calcul;iting  one  teacher  for 
ever\'  seventy-five  census  children  or  fraction  thereof,  .and  a  frnMher 

177 


Nevada — 4 

sum  of  not  less  than  five  cents  or  more  than  ten  cents  for  each  census 
child  as  shown  by  the  last  school  census.  The  sums  thus  appropri- 
ated shall  constitute  the  district  school  library  fund. 

Section  3394.     Amount  of  fund: 

The  amount  of  money  to  be  set  apart  within  the  limits  thus  provided 
shall  be  determined  by  the  superintendent  of  public  instruction. 

Section  3395.     b^x])enditures: 

Monies  herein  designated  shall  be  expended  for  the  purchase  of 
books,  approved  by  the  superintendent  of  public  instruction  for  the 
public  school  libraries  of  each  district  and  for  no  other  purpose. 

Section  3396.     Expenditure: 

The  school  trustees  of  each  district  are  authorized  and  directed  to 
purchase  books  for  public  school  libraries  in  accordance  with  the 
provisions  of  this  act. 

Section  3397.     Rules  for  libraries: 

Superintendent  of  public  instruction  shall  make  rules  and  regula- 
tions. 


178 


Xi:\v  I  Ia.mi'siiiki-: — i 

xi-:w  ii.\.mi"SI1irp: 

STA'I'F,  I.I!'.R.\R\- 

Pri'.i.if  Stati-tks,  1')00,  Cuai-tkr  8 

Section  1.     State  lil)rarv: 

State  library  sliall  he  maintained  in  a  place  provided  for  it  lor  the 
use  of  the  officials  of  the  state  and  such  other  persons  as  the  trustees 
may  determine  and  sliall  lie  kept  open  every  day  except  Sundays  and 
holidays. 

Section  2.     Trustees: 

State  library  shall  l)e  unilcr  the  nianai^ement  of  three  trustees  who 
shall  serve  witliout  comijensation. 

Section  3.     .\])i)()intnient: 

Trustees  shall  ha  appointed  and  may  he  removed  by  the  i^overnor 
at  the  advice  of  the  cotincil.  One  trustee  shall  be  ai)pointed  annu- 
allv  and  shall  hold  office  for  three  years,  unless  removed. 

Section  4.     Duties: 

Trustees  shall  l)uy  books,  periodicals,  etc.,  make  necessary  rules, 
appoint  librarian  and  fix  compensation  and  define  duties. 

Sections.     Hooks: 

Shall  procure  for  the  library,  statutes,  law  rci)orts,  etc..  and  miscel 
laneous  books,  excei^t  fiction. 

Note:  Later  this  was  amended  to  permit  the  i)urchase  of  fiction 
relating  to  Xew  Hampshire  and  amended  to  authorize  competitive 
bids  for  liooks.  'llirce  other  amendments  relating-  to  building'  up 
the  library  were  made. 

Sections  Ci-*-'.  Provide  for  exchanges  and  for  the  i)rinting  of 
pam])hlets. 

Section   10.      I'mxidcs  that  library  shall  lie  examined  at   least  twice 

each  year. 
Sections  11   1.^.      Prescribe  the  duties  of  the  state  librarian. 
Sections  P)-1<S.      Rules  for  the  use  of  the  library. 

.Section  10.      .\p|)ro])ri;uions  for  incidental  expenses. 

An  nnnmnbered  section  relates  to  tlie  care  of  the  state  lil)rary 
building. 

PECISLAITXI':  Rl<:i'b:RI<:NCK  PL'RICAU 
Public  Statute.s,  Si'pplement  1901-1913,  Page  13  Laws  oe  1913 

ClIAPTEK   206 

Section  1.  There  is  hereby  established  in  the  State  Library,  undei 
the  direction  of  the  State  Librarian,  a  Legislative  reference  bureau, 
whose  duties  shall  be  to  collect,  arrange,  index  and  classify  books, 

17') 


New  Hampshire — 2 

pamphlets  and  other  material  relatin.s:  to  le.a:islation ;  to  prepare 
abstracts  of  laws  in  other  states  and  countries ;  to  supply  such  other 
information  as  may  be  of  service  to  the  members  of  the  Le.a:islature 
or  the  executive  departments,  in  the  performance  of  their  dvities; 
to  furnish  to  members  of  the  Leg-islature  such  assistance  as  may  be 
demanded  in  the  preparation  and  formulation  of  legislative  bills. 

(Verbatim) 

Section  2.     Appropriation: 

Provides  that  five  hundred  dollars  ($500)  from  the  State  Library 
appropriation  shall  be  used  annually  for  the  Reference  Bureau,  and 
that  the  work  shall  be  performed  by  the  stafif  of  the  State  Library. 

NEW  HAMPSHIRE  HIST(3RICAL  SOCIETY 

Public  Statutes,   1900,  Chapter  8 

Section  20.     Appropriation: 

Appropriates  five  hundred  ($500.00)  dollars  to  aid  in  keeping-  open 
the  library  of  the  New  Hampshire  Plistorical  Society. 

STATE  LIBRARY  COMMISSION 

Section  21.     Appointment: 

Governor,  with  the  consent  of  the  council,  shall  appoint  four  per- 
sons, residents  of  the  state,  who  with  the  state  librarian,  shall  con- 
stitute a  board  of  library  commissioners.  The  governor  shall  desig- 
nate the  chairman.  Two  members  shall  be  appointed  for  four  years 
and  two  for  two  years;  thereafter  the  term  of  office  shall  be  four 
years.  All  vacancies  shall  be  filled  by  the  governor,  with  the  con- 
sent of  the  council. 

Section  22.     Advice  to  libraries.     Report: 

The  librarian  or  trustees  of  any  free  library  may  ask  advice  in  re- 
gard to  book  selection,  cataloging^  and  other  matters  of  library  main 
tenance.  The  board  shall  give  such  advice  as  it  shall  find  practical 
I'.oard  shall  report  biennially  to  the  legislature;  board  shall  issue  a 
library  l)ulletin  twice  a  year  with  recommendations  as  to  the  best 
methods  in  regard  to  library  work.  Such  bulletin  shall  be  printed 
and  distributed,  at  least  three  copies  being  sent  to  each  free  public 
library  in  the  state.  Librarv  commissioners  may  receive  no  com- 
pensation, l)ut  shall  be  allowed  a  reasonable  sum  for  clerical  assist- 
ance and  other  necessary  expenses. 

Section  23.     Aid  to  towns: 

The  commission  is  authorized  to  expend  the  sum  of  one  hundred 
($100.00)  dollars  for  books  for  any  town  making  ai:)plicalion,  hav- 
ing no  free  public  librarv.  Such  books  to  be  used  to  establish  a 
free  pul)lic  library. 

180 


New  Hampshire — 3 

Section  24.     Conditions  of  such  aid: 

No  town  sliall  be  entitled  to  this  provision  until  it  has  acce])ted  the 
provision  at  a  regular  called  town  meeting-  and  provided  in  a  man- 
ner satisfactory-  to  the  board  of  commissioners  for  the  care,  custody 
and  distribution  of  the  books. 


PUBLIC  LIBRARIES 
Section  25.     Sujiport  by  towns: 

Any  town  accepting  the  provisions  aforesaid,  shall  appropriate  for 
its  free  lilirary  not  less  than  fiftv  (S50.00)  dollars  if  its  last  valua- 
tion was  one  million  ($1,000,000.00)  dollars  or  upward;  not  less 
than  twenty-five  ($25.00)  dollars  if  the  valuation  was  less  than 
one  million  ($1,000,000.00)  dollars  and  not  less  than  two  hundred 
and  fifty  thousand  ($250,000.00)  dollars,  or  a  sum  not  less  than 
fifteen  ($15.00)  dollars  if  the  valuation  was  less  than  two  hundred 
and  fifty  thousand  ($250,000.00)  dollars. 

Section  26.     Assessment.     Trustees: 

Provides  that  the  selectmen  in  each  town  shall  assess  annually  a 
sum  ecjual  to  thirty  ($30.00)  dollars  for  every  dollar  of  public  tax- 
apportioned  to  the  town.  (Passed  in  1895). 
The  town  may  raise  a  sum  exceeding  the  amount  aforesaid. 
The  sum  so  assessed  shall  be  appropriated  for  the  sole  purpose  of 
establishing  and  maintaining  a  free  public  librarv.  This  library 
shall  be  forever  free  to  every  inhabitant. 

A  board  of  trustees  shall  be  elected  excepting  where  the  town  has 
ac(|uired  a  lilirarv  in  another  wav  accomjianied  bv  conditions  g^ov- 
crning  the  election  of  trustees. 

Such  board  of  trustees  shall  consist  of  an\-  lutmber  divisible  bv  three, 
which  the  town  may  decide  to  elect.  At  the  first  election  the  trus- 
tees shall  be  ai)i:iointcd  one-third  for  one  vear,  one-third  for  two 
years  and  one-third  for  three  years  and  thereafter,  one-third  an- 
nuallv  each  vear  for  three  years.  No  ])erson  shall  be  ineligible  to 
serve  by  reason  of  sex. 

Trustees  so  elected  shall  have  entire  custodv  and  management  of 
the  free  public  lilirarv. 

Trustees  .shall  report  at  each  annual  town  meeting  and  also  report 
annually  to  the  board  of  librarv  commissioners. 
Anv  town  or  librarv  ofticial  violating  these  provisions  shall  be  fined 
five  lumdred  ($500.00)  dollars.  Whenever  there  is  available  an 
income  e(|ual  to  the  amount  required  to  be  raised  bv  the  town  an- 
nually, then  the  first  paragrai)h  of  this  section  shall  not  be  enforced. 
When  a  town  shall  vole  in  proper  form  that  it  is  inexpedient  to 
establish  a  library,  it  shall  be  exemiil  from  the  i)ro\isions  of  this 
section  for  one  vear  thereafter. 


Xi:\v  Hampshire — 4 
Public  Statutes,  Supplement,  1901-1913,  P.  12,  1901,  Chapter  7 

Sectiox  1.  This  sectinn  provides  for  the  gradual  consolidation  of  the 
trustees  of  the  state  Iil)rary  and  the  board  of  Hbrary  commissioners 
into  one  board,  i)rovided  that  no  more  than  two  members  of  the 
board  of  Hlirarv  comnn'ssioners,  shall  be  appointed  from  one  poHti- 
cal  parly. 

Public  Statutes  Supplement.  1901-1913,  p.  13,  1903,  Cpiapter  6 

Section  1.  The  board  of  trustees  of  the  state  lil)rary  and  the  board 
of  library  commissioners  having-  become  identical  in  personnel  by 
virtue  of  the  operation  of  Chai^ter  7  of  the  laws  of  1901,  the  board 
of  library  commissioners  is  hereby  abolished. 

Section  2.  All  the  powers  and  duties  now  bv  law  made  incumbent 
upon  the  board  of  lil)rarv  commissioners,  shall  devolve  upon  the 
trustees  of  the  state  library.  (Verliatim) 

Public  Statutes,  Supplement   1901-1913,  p.  73-74,  Chapter  40 

Section  4.  Towns  may  at  any  legal  meeting-,  o;rant  and  vote  such 
sums  of  money  as  they  shall  judge  necessary  =^  *  *  ^-q  estab- 
lish and  maintain  public  libraries  and  reading  rooms,  or  to  assist 
in  the  maintenance  of  any  library  and  reading  room  tint  is  kejM 
open  for  the  free  use  of  all  the  inhabitants  of  the  town. 


is: 


.\]£W  HORSEY  ; 

STATi':  lii;rar\-  '    '  "     '" 

Co.Mi'ii.Ei)  Statutks.  1')11,  \\)l.  4,  Page  4900 

Skltiox  1.     Commissioners.  rul;s,  etc.: 

Library  shall  be  i^overned  by  a  board  of  commissioners  who  shall 
be  the  s^overnor,  chancellor,  chief  justice,  secretary  of  state,  treas- 
urer and  comptroller.  These  shall  provide  rules,  and  all  fees  and 
forfeitures  shall  l)e  recoverable  by  action. 

Section  2.     Duiilicate  volumes: 

Commissioners  shall  have  power  to  sell  duplicate  volumes. 

Secttox  3.     Librarian.     .\i)i)ointment : 

Commissioners  shall  ajipoint  a  librarian  who  shall  hold  office  for 
five  years  unless  removed  by  unanimous  \'ote.  An\-  \'acancy  shall 
be  filled  for  unexpired  term.     (1878). 

Section  4.      Lilirarian.     Bond,  etc.: 

Librarian  shall  ^ive  bond  for  one  thousand  dollars  ($1,000)  and 
take  oath  or  aflirmation. 

Section  .t.  N'.elates  to  lime  of  keeping'  librarv  open. 

.Section  6.  i'rcscribes  the  routine  duties  of  the  librarian. 

Section  7.  I'ulilic  documents  to  be  placed  in  the  library. 

Sectiox  8.  Distribution  of  reports,  statutes,  etc.: 

Section  9.  Joint  commitlee  of  lo^'islature  to  examine  library. 

Sectiox"  10.      Legislative  l)ills  to  l)e  delivered  to  the  librarian. 

Sectio.vs  11  and  12.      insurance  on  Librarv. 

Sections  Li  and  14.      .\i)i)roi)riations  for  the  library. 

.Section  l.r      .\d(ls  atlnrncv  general  to  the  librarv  commission. 

Section   16  and  preamble.      Relate  U)  manuscri]M   letters  of  Georg^e 
Washington  and  others. 

Section  17.      Proxides  assistant  for  the  librarian. 

Section  18.     Salarx-: 

Adds  three  hundred  dollars  ($300)  to  the  librarian's  compensation 
for  clerical  service.     (1898). 

Section  1').     .Salarv: 

Fixes  librarian's  salarv  at  thre-  thotr-and  dollars  ($3,000).  (  P)07). 

183 


New  Jersey — 2 

..  legisj.ative  adviser  and  bill  examiner 

.■.'"••"'""  Acts,  1914,  Chapter  28 

Section  1.     Appointment: 

The  attorney  g'eneral  shall  appoint  a  competent  counselor  at  law  as 
legislative  adviser  and  bill  examiner,  who  shall  hold  office  at  the 
pleasure  of  the  attorne}'  .general. 

Section  2.     Shall  maintain  the  office: 

Said  adviser  and  examiner  shall  maintain  an  office  in  conjunction 
with  the  legislative  reference  department  of  the  state  library,  from 
the  first  day  of  December  until  the  close  of  the  annual  legislative 
session,  and  for  such  further  time  as  the  president  of  the  senate 
and  speaker  of  the  house  may  direct. 

Section  3.     Duties: 

It  shall  be  the  duty  of  such  adviser  and  examiner,  during  the  period 
before  mentioned,  on  request  of  either  the  house  or  legislature,  or 
of  any  committee  or  member  thereof,  to  draw  prospective  acts,  to 
examine  any  bill  or  resolution,  or  proposed  bill  or  resolution,  or 
any  amendment  or  amendments  thereof,  for  the  purpose  of  avoiding 
repetitions  and  unconstitutional  provisions  and  of  securing  accuracy 
of  texts  and  reference,  clearness  and  conciseness  in  the  phraseology, 
and  consistency  with  existing  statutes  and  to  advise  as  to  the  con- 
stitutionality or  eflfect  of  proposed  legislation. 

LEGISLATIVE  REFERENCE  LIBRARY 
Chapter  29 

Section  1.     Purposes: 

It  shall  be  the  duty  of  the  state  library  to  collect  and  keep  con- 
stantly up  to  date,  and  have  readily  accessible  to  all  persons  of  the 
legislature  and  all  other  persons  desiring  to  use  the  same,  under 
the  supvrvision  and  regulations  of  the  state  librarv,  such  informa- 
tion material  as  will  furnish  the  fullest  information  practicable  upon 
all  matters  pertaining  to  current  or  proposed  legislation  or  anv 
legislative  or  administrative  problems,  and  to  prepare  and  submit 
digests  of  such  information  and  material  upon  the  requests  of  any 
legislative  committee  or  any  member  of  the  legislature. 

(Verbatim) 

Section  2.     Authorizes  an  expenditure  not  to  exceed  one  thousand 
dollars  ($1,000)  for  the  foregoing  purpose. 

PUBLIC  LIBRARY  COMMISSION 
Compiled  Statutes,  1911,  Vol.  3,  Page  3123 
Section  99.     Appointment.     Terms.     Vacancies.     Reports: 

Governor  shall  av)i)oint,  if  during  a  session  of  legislature  with  the 
advice  and  consent  of  the  senate,  five  persons  as  a  library  commis- 

184 


New  Jersey — 3 

sion,  one  member  for  five  years,  one  for  fonr,  one  for  three,  one  for 
two  3'ears,  thereafter  annually  one  for  five  years.  Vacancies  shall 
be  filled  by  the  .sfovernor.  Said  commission  shall  report  to  the  leg'is- 
lature  in  January  of  each  year. 

Section  100.     Compensation.     Expenses: 

No  member  of  such  commission  shall  receive  anv  compensation,  but, 
for  its  necessary  expenses,  may  expend  annuallv  not  to  exceed  one 
thousand.  iWe  hundred  dollars  ($1,500). 

Section  101.     Advice: 

Commission  shall  give  advice  to  the  librarian  or  trustees  of  any 
free  public  li])rary  or  any  person  or  persons  desirous  of  establish- 
in_2f  a  library,  upon  the  purchase  and  catalog-ing-  of  books,  and  other 
matters  pertaining^  to  the  establishment,  maintenance  and  admin- 
istration of  a  library. 

Section  102.     Donations  to  libraries: 

The  commission  is  authorized  to  donate  to  anv  public  library  not 
to  exceed  one  hundred  dollars  ($100)  for  books,  provided  an  equal 
sum  has  been  set  apart  for  books  by  such  liljrary.  Provided  that 
this  provision  shall  not  apply  to  any  library  having'  upwards  of  five 
thousand  books. 

Section   103.      Limit  of  expenditure: 

Conmiission  shall  not  incur  anv  delit  or  make  anv  donation  or  ex- 
penditure exceeding-  the  ai^propriation  made  for  its  use. 

SlWrb:  TRAX'ELING  LIBRARIES 

CoMi'iEKi)  Stati'tes.  1911.  V.  4,  1'.  4903 

An  act  to  cstal)lish  and  i)romote  state  trax'cling  libraries 

Se(T10.\'  20.     Traveling"  libraries: 

Board  of  commissioners  are  directed  to  devise  methods  for  creatine^ 
small  traveling  libraries  with  the  necessary  apjiliances,  and  so  many 
as  may  be  found  advantageous  for  use  in  the  state  may  be  jirovided 
for  at  a  cost  not  to  exceed  the  amount  api)ropriated  by  the  legisla- 
ture.     (P.  L.  1898,  page  415). 

Section  21.     Books,  bookcases,  etc.; 

Commissioners  are  given  full  authoritv  to  pro\idc  books  with  book- 
cases and  outer  traveling  cases,  and  to  keep  the  same  in  repair. 
(  !'.  L.  1898,  page  416).  " 

Section  22.     Locations: 

Such  traveling  libraries  shall  be  established  at  such  i)oints  as  the 
commission  niav  direct,  l)Ut  the  commission  is  not  authorized  to  pay 
for  the  rental  of  any  place  for  their  use.      (  P.  L.  1898,  page  416). 

185 


Ni:\v  Jersey — f 

Section  23.  jNIanagement  transferred  to  public  library  commission: 
Management  of  the  traveling  libraries  provided  for  in  the  fore- 
going is  transferred  to  the  public  library  commission  who  shall  pos- 
sess and  be  subject  to  all  the  duties  which  were  conferred  upon  the 
board  of  commissioners  of  the  state  librarv  bv  the  foregoing  acts. 
(P.  L.  1904.  page  43). 

Section  24.     Appropriations : 

All  a])propriations  which  shall  hereafter  be  made  for  the  use  of 
traveling  libraries  shall  be  paid  over  to  and  disbursed  by  the  public 
library  commission.     (P.  L.  1904,  page  44). 

Section  25.     Equipment : 

All  books,  cases,  and  other  equipment  which  shall  have  been  hereto- 
fore used  for  the  purpose  herein  expressed  shall  hereafter  be  at 
the  disposition  of  the  state  public  library  commission.  (P.  L.  1904, 
page  44). 

Section  26.  Traveling  libraries,  penal  and  correctional  institutions : 
Traveling  libraries  provided  by  the  act  to  which  this  act  is  supple- 
ment may  be  fvu'nished  to  the  several  i^enal  and  correctional  insti- 
tutions of  this  state,  but  books  so  furnished  shall  not  thereafter  be 
forwarded  to  any  municipality  of  the  state,  but  shall  be  used  ex- 
clusively in  such  institutions.     (P.  L.  1906,  page  206). 

Section  27.     Appropriations: 

The  sum  of  one  thousand  dollars  ($1000)  is  hereby  appropriated 
for  the  purpose  of  carrying  out  the  provisions  of  section  26.  (P.  L. 
1906,  page  206). 

TRAVELING  LIBRARIES 
Compiled  Statutes,  1911,  v.  3,  p.  3122 

Section  9L     Establishment: 

The  public  library  commission  shall  oj^ierate,  direct  and  control  a 
system  of  small  state  traveling  libraries;  said  libraries  shall  be 
styled  "traveling  libraries,"'  and  so  many  of  them  as  may  be  found 
advantageous  for  use  in  the  state  may  be  provided  for  under  rules 
and  regulations  to  be  i^rescribed  and  promulgated  by  said  com- 
mission; the  cost,  however,  of  the  provision  therefor  shall  not  exceed 
the  amount  which  shall  annually  be  a])propriatcd  bv  the  legislature 
for  such  purpose. 

Section  92. 

The  nature  and  character  of  the  books  to  be  purchased  shall  be  de- 
termined and  controlled  by  the  said  commission,  or  a  majority  of 
them,  and  the  purchase  of  all  books  to  lie  used  in  connection  with 
the  said  traveling  liliraries  shall  be  made  as  said  commission  may 

186 


Xi:w   |i:rsi:v — 3 

direct,  riic  coinniissidn  shall  ha\c  autlioritv  to  i)urcliasc,  from  any 
a])])r()]iriation  that  sliall  l)c  ukuIc,  such  and  so  nianv  hook-cases  and 
outer  traveling-  cases  as  experience  and  the  vtseful  and  successful 
operation  of  the  said  system  of  traveling  libraries  nia\-  rec|uire  and 
they  shall  have  full  auth(M-ilv,  from  any  appropriation  which  may 
from  time  to  time  be  made,  to  rei)air  and  keep  said  cases  in  g^ood 
ordi'r  and  lo  i)urchase  new  cases  when  necessary,  and  to  keep  the 
books  in  said  travelini^^  libraries  in  t^ood  condition  by  rebinding', 
or  by  repurchase,  or  substitution  of  books,  or  otherwise,  and  pro- 
vide all  necessary  printino^  and  cataloo-uingf  for  the  same. 

Si".(  ru).\  93. 

Said  traveling-  li])raries  shall  be  used  and  operated  at  such  jwinls 
as  the  said  commission  mav  direct,  but  the  said  commission  shall 
not  be  authorized  to  spend  moneys  for  the  rental  of  any  place  or 
l)laces  in  any  municipalitv  in  this  state  from  w'hich  distrilnition  shall 
be  made  from  said  traveling-  libraries. 


PUBLIC  LIBRARIES 

Section  94.     Amount  appro])riated  by  cities: 

It  shall  be  lawful  for  the  council  of  any  city  to  appropriate  such 
sum  not  exceeding-  one  thousand  dollars  ($1000)  as  may  be  deemed 
necessary,  to  establish  or  aid  public  libraries  or  reading-rooms. 

Si'Xriox  95.     .\niount  ai)i)ro])riated  by  boroughs: 

It  shall  lie  lawful  for  the  governing  body  of  any  borough,  town, 
township  or  village  to  api)roi)riate  in  like  manner  and  for  like  pur- 
pose a  sum  not  exceeding  three  hundred  dollars  ($300). 

Skction  9().     Tax  levy: 

It  shall  be  lawful  for  the  governing  body  of  any  town,  townshi]:),  vil- 
lage or  borough  to  raise  by  tax  any  sum  not  exceeding  one  thousand 
($1000)  annn.'dly,  to  aid  imblic  libraries  and  free  reading-rooms, 
provided  such  levy  be  first  ap])roved  by  a  majority  vote  at  an  annual 
election. 

SiccTiox  97.     .\i)plication  of  act: 

livery  library  established  pursuant  to  anv  general  law  shall  be  gov- 
erned bv  the  ])rovisions  ol  this  act;  and  .all  .acts  inconsistent  here- 
with are  hereby  reijealed. 

Si-XTiON  98.     Gifts: 

Any  free  library  may  accept  gifts  and  bet|uests  or  works  of  art,  ami 
care  for  the  .same  in  accordance  with  the  provisions  of  such  gifts 

or  be(|uests. 

187 


New  Jersey — 6 

Compiled  Statutes,  1911,  Vol.  3,  Page  3097 

Section  1.     Annual  appropriation: 

Authorizes  the  governing-  body  of  any  township,  village  or  boroucrh 
to  appropriate  not  to  exceed  three  hundred  dollars  ($300)  annually 
for  a  public  library.     {  P.  L.  1893,  page  410). 

Section  2.     vVdditional  appropriation  for  libraries: 

In  a  preamble  it  says  that  acts  not  specifically  cited  provide  for  a  tax 
of  one-third  of  a  mill  and,  whereas  this  may  be  insufficient,  the  sec- 
tion authorizes  the  assessment  of  an  additional  one-sixth  of  a  mill. 
(P.  L.  1901,  Page  220). 

Section  3.     Acceptance  of  additional  gifts: 

It  shall  be  lawful  for  the  governing  body  of  any  municipality  in  this 
state  in  which  there  is  now  or  hereafter  may  be  a  free  public  library 
established  pursuant  to  law,  to  accept  bv  resolution  anv  gift  of  money 
or  securities,  for  the  purpose  of  erecting  a  library  building,  or  any 
gift  of  a  library  building  made,  given  or  offered  on  condition  that  the 
mimicipality  to  which  such  gift  is  made  shall  provide  a  suitable  site 
for  such  building  and  appropriate  annually  for  the  maintenance  of 
the  free  public  library  therein  a  sum  not  exceeding  ten  per  centum  of 
the  amount  or  value  of  such  gift;  when  anv  such  conditional  gift  is 
so  accepted  by  any  municipality,  it  shall  be  lawful  for  the  said  gov- 
erning bodv  thereof  to  appropriate  for  the  purpose  of  purchasing 
a  site  for  such  lilirary  building  a  sum  not  exceeding  in  amount  three- 
fourths  of  one  mill  on  each  and  every  dollar  of  taxable  property  m 
such  municipality  last  returned  for  the  purpose  of  taxation  therein, 
and  to  include  the  amount  so  appropriated  in  the  next  annual  tax- 
levy  to  lie  made  in  such  municipality,  and  it  shall  be  lawful  to  raise 
by  taxation  in  such  municipality  for  the  support  and  maintenance 
of  tlie  free  pulilic  library  such  amount  annuallv  as  may  be  required 
by  the  condition  of  any  such  gift.     (P.  L.  1902,  page  256). 

( Verbatim ) 

Section  4.     Purchase  and  control  of  site: 

At  any  time  after  the  acceptance  of  anv  sucli  gift,  it  shall  be  lawful 
for  the  trustees  of  the  free  library  in  any  such  municipalitv  to  pur- 
chase at  a  cost  not  exceeding  the  amount  appropria':ed  therefor,  a 
suitable  site  for  the  erection  of  a  library  building.  The  title  of  real 
estate  so  piuxhased  shall  be  taken  in  the  corporate  name  of  the  muni- 
cipality, but  the  use  and  control  of  the  same  shall  be  in  the  board 
of  trustees  of  the  free  public  library  therein,  so  long  as  it  shall  be 
used  for  free  pul)lic  lilirary  inu'poses.     (P.  L.  1902,  page  256). 

(^^erbatim) 

Section  5.     Exiienditm-e  of  additional  amounts,  etc. : 

In  any  city,  town,  township  or  municipality  in  which  there  is  now 

188 


New  Jersey — 7 

or  may  hereafter  be  a  free  public  library  established  pursuant  to 
law,  the  board  of  aklernien.  common  council  or  other  le.g;islative  body 
shall  have  power,  by  resolution  to  accept  "'ifts  or  bequests  for  the 
purpose  of  l)uil(lin_c^  a  library  building"  in  any  such  city,  town,  town- 
ship or  niunici])ality,  which  may  be  made  on  condition  that  the  sum 
not  exceedin,a;  ten  percentum  of  the  amount  of  such  g^ift  or  bequest 
be  annually  api)ro]jriated  for  the  maintenance  and  support  of  such 
lil)rary,  and  when  any  conditional  gift  is  so  accepted  by  any  city, 
town,  township  or  municijiality,  it  shall  be  lawful  to  raise  by  taxa- 
tion from  time  to  time,  for  the  support  and  use  of  said  library,  such 
amount  annually  as  mav  be  ref|uired  by  the  condition  of  any  such 
gift.     (  P.  L.  1002,  page  666). 

Section  6.     Expenditure  of  gifts: 

Any  gift  or  bequest  when  accejited  l)y  the  board  of  aldermen,  com- 
mon council,  or  other  legislative  body  of  any  such  city,  town,  town- 
shi])  or  municipality,  shall  be  received  by  the  city  treasurer  and  ex- 
])ended  by  and  under  the  direction  of  the  trustees  of  the  free  public 
lil)rary,  for  the  purposes  for  which  such  gift  or  bequest  was  made, 
in  the  same  manner  as  other  funds  are  now  expended  by  such  trus- 
tees.    (P.  P.  1902,  page  666). 

Section  7.     State  publications.     Distribution: 

Provides  for  the  distribution  of  state  publications  to  all  free  libraries. 

Section.s  8-64.  Include  laws  passed  at  various  dates  from  1879  to 
1902,  providing  for  the  establishment  and  maintenance  of  libraries 
in  municipalities  generally,  in  cities  of  the  second  class  and  in  cities 
having-  a  specially  designated  i)opulation. 

The  provisions  of  these  laws  ai)i)ear  to  be  included  in  or  superceded 
by,  the  following: 

Section  65.     Establishment  of  libraries: 

Anv  city,  Ijorough.  town,  townshi])  or  village  may,  in  the  manner 
hereinafter  provided,  establish  a  free  iniblic  lilirarv  within  its  cor- 
])orate  limits.      (  1'.    P.    P>05,   p.  273).  (V'erbatim) 

Section  66.     Adoption  of  act: 

Provides  that  the  governing'  body  of  any  such  niuiiiciitalilv  shall 
observe  the  provisions  of  this  act,  when  the  same  shall  be  voted  by  a 
majority  of  the  legal  voters  at  any  election,  general  or  special;  pre- 
scribes the  form  of  holding  such  election;  i)rovides  that  an  adverse 
vole  shall  not  preclude  the  holding  of  another  election  to  vole  for  or 
against  the  adoption  of  the  provisions  of  this  act.  (P.  T-.  1905,  jiag'c 
273). 

Section  67.     Tax  levy: 

If  a  majoritv  of  the  votes  are  favorable,  it  shall  be  the  duty  of  the 

189 


New  Jersey — 8 

governing-  l)ody  to  appropriate  and  raise  by  taxation  a  sum  equal  to 
one-third  of  a  mill  on  the  dollar.      (P.  L.  1905,  page  274). 

Section  68.     Additional  tax  levy : 

It  shall  be  lawful  to  raise  in  addition  to  the  sum  required  by  section 
3  a  sum  not  exceeding  one-sixth  of  a  mill.      (  P.  L.  1905,  page  274;. 

Section  69.     Trustees: 

The  board  of  trustees  of  such  free  public  library  shall  consist  of  the 
mayor  or  chairman  of  the  governing  body  of  such  municipality,  the 
superintendent  of  instruction  or,  if  no  such  ofificer,  the  president  of 
the  board  of  education,  ex-ofhcio,  and  five  citizens  appointed  by  the 
mayor  or  the  chairman  of  the  governing  body  for  one,  two,  three, 
four  and  five  years  resj^ectively,  and  thereafter  for  five  years.  Va- 
cancies shall  be  filled  in  the  same  manner.     (P.  L.  1905,  page  275). 

Section  70.     Powers,  organization,  etc. : 

Trustees  shall  have  the  powers  of  a  corporate  body;  shall  organize 
by  electing  ofiicers;  shall  file  a  certificate  at  the  office  of  the  secretary 
of  the  state;  shall  hold  in  trust  and  manage  all  property  of  the 
library ;  may  rent  or  construct  liuildings,  purchase  books  and  other 
reading  matter,  em])loy  staff  and  l\x  salaries ;  shall  make  rules,  and 
do  all  things  necessary  and  proper  for  such  library.  (  P.  L.  1905, 
page  275). 

Section  71.     Compensation: 

Such  trustees  shall  receive  no  compensation  and  shall  not  incur  anv 
ex])ense  nor  incur  any  obligations  to  an  amount  in  excess  of  the 
library  appropriations  and  of  its  funds  on  hands.  (P.  L.  1905, 
page  276). 

Sectio.n  72.     Report: 

Trustees  shall  rejwrt  annuallv  to  the  governing  body  of  such  muni- 
cipality.    (P.  L.  1905,  page  276). 

Section  73.     Devises,  etc. : 

Said  board  of  trustees  may  receive,  hold  and  manage  any  devise,  be- 
quest or  donation  heretofore  made  or  hereafter  to  be  made  and  given 
for  the  establishment,  increase  or  maintenance  of  a  free  public 
library  within  its  municii)Mlilv.      (  P.  L.  1905,  p.  276). 

(Verbatim) 

Section  74.     Transfer  of  Ijooks: 

Any  public  board  or  pul)lic  deijartment  of  the  government  may  trans- 
fer any  books  in  its  possession  to  such  imblic  librarv. 

Section  75.     Funds  for  buildings: 

Provides  that  when  in  the  judgment  of  tiie  trustees  it  becomes  advis- 
able to  purchase  land  or  tn  erect  buildings,  or  both,  the  board  ot 

190 


Nkw  Jersey — 0 

trustees  shall  certify  to  tlic  council  the  amount  necessary  for  such 
purpose  in  adchtion  to  the  amount  necessary  for  current  mainte- 
nance; and  the  common  council  may,  hv  resolution  ai)i)roved  by  the 
mayor,  authorize  the  trustees  to  ex])end  svich  sums  of  money.  Pro- 
vided that  no  land  shall  he  i)urchased  without  the  concurrence  of 
the  common  council  anti  the  ap])ro\'al  of  the  mayor.  Title  to  such 
real  estate  shall  be  in  the  name  of  the  citv,  but  its  use  and  control  in 
the  board  of  trustees  so  long'  as  used  for  free  i:)ublic  lilirar}^  pur- 
poses.    (P.  L.  l')03,  page  277). 

Section  76.     Accjuisition  of  lands: 

Gives  the  board  of  trustees  the  ri^-ht  to  acc|uire  land  in  the  manner 
approved  by  the  general  laws  for  the  condemnation  and  taking'  of 
lands  for  public  uses.  (P.  L.  1905,  i)a.a:e  278). 

Section  77.     E(|uippin,g  libraries: 

Any  city  which  shall  ac(|uire  land  and  erect  building's  thereon  for  a 
free  public  library,  in  accordance  with  law,  may  make  additional 
appropriation  for  equipment  in  the  following'  manner : 
The  trustees  shall  certify  to  the  council  the  amount  necessary  for 
equipping',  furnishing  and  decoratin.g  such  building';  and  the  council, 
with  the  a]iproval  of  the  mayor,  mav  authorize  such  expenditure. 

fP.L.  1905,  page  279) 

Section  7?^.     P)onds.     Amount.      Interest.     Redemption: 

Any  city  having  accejited  the  i^rovisions  of  this  act  shall  have  power 
to  create  and  issue  bonds  for  the  acquiring  of  lands,  the  erection  and 
improvement  of  buildings,  the  equipment,  furnishing'  and  decorating 
of  library  building's.  Such  bonds  shall  bear  interest  not  exceeding 
five  per  cent,  to  be  sold  at  not  less  than  par,  to  make  such  provision 
for  payment  as  the  common  council  shall  determine.  City  shall  mak^ 
provision  by  general  taxation  for  their  payment.  In  case  the  powers 
of  such  city  to  issue  bonds  are  limited  bv  law  to  a  fixed  percentage 
of  the  assessed  value  of  its  taxable  property,  such  citv  shall  have 
l)ower  to  issue  bonds  as  set  forth  above,  to  the  extent  of  one-half  of 
one  ])ercentum  of  the  assessed  value  of  its  taxable  projjerty  in  ex- 
cess of  su(  h  limit. 

Section  7''.      Library  building^s  in  bnroughs.  towns,  townships  and 
yillag'es : 

When  an\-  indi\idual  or  cor])oration  has  offered  or  hereafter  m.iv 
offer  to  the  trustees  of  [he  free  i)nlilic  library  of  anv  boroug'h,  town, 
townshi])  or  village  in  this  state  which  shall  hereafter  accept  the  i)ro- 
yisions  of  this  act  or  has  heretofore  established  a  free  i)ublic  library 
])ursuant  to  law ,  or  has  offered  or  hereafter  may  offer  to  the  council 
or  other  governing  body  of  anv  such  municipality,  to  i)royide  or  erect 
a  building  to  be  used  as  a  free  i)ublic  librar\-  uiion  condition  that 
such  municii);ility,  or  'lu'  trustees  of  the  free  jjublic  lil)rarv  therein, 

191 


New  Je:rsey — 10 

or  the  council  or  g'overninc;  body  thereof,  provide  a  site  for  such  a 
building',  it  shall  be  lawful  for  the  council  or  other  governino-  bodv 
of  any  such  municipality,  by  resolution  adoi^ted  by  the  votes  of  a 
majority  of  all  the  members  thereof,  to  appropriate  for  the  purpose 
of  purchasino-  a  suital)le  site  ujwn  which  to  erect  such  library  build- 
ing', a  sum  of  money  not  exceeding'  three-fourths  of  one  mill  on  every 
dollar  of  assessable  property  returned  by  the  assessor  of  such  muni- 
cii)ality  in  his  last  preceding  levy  for  the  jjurpose  of  annual  taxation 
therein  ;  and  thereupon  the  board  of  trustees  of  the  free  public  lilirarv 
in  such  municipality  shall  be  vested  with  sufficient  power  and  author- 
ity to  purchase  land  for  said  purpose  and  to  si)end  moneys  therefor 
not  exceeding  the  amount  of  such  api^roi^riation :  provided,  how- 
ever, that  the  title  to  lands  so  purchased  shall  be  taken  in  the  cor- 
porate name  of  the  municii^ality,  but  the  use  and  control  of  the  same 
and  of  the  building  to  be  erected  thereon  shall  be  in  such  board  of 
trustees  of  the  free  public  library  so  long  as  the  same  shall  be  used 
for  free  public  library  purposes. 

Section  80.     Bond  issue  for  site: 

To  defray  the  expense  of  such  purchases,  the  governing  body  of  such 
municipality  is  authorized  to  sell  bonds  not  exceeding  the  amount 
of  such  appropriation,  to  be  payable  in  not  more  than  ten  years,  and 
to  bear  not  more  than  five  percent  interest  payable  semi-annually. 
These  shall  not  be  sold  for  less  than  their  par  value. 

(P.  L.  1905,  page  281) 

Section  81.     Taxation: 

An  annual  levy  shall  be  made,  sufficient  to  pay  the  interest  and  re- 
deem the  bonds  at  maturity.  (P.  L.  1905,  page  281). 

Section  82.     Library  for  two  municipalities,  etc. : 

At  an  annual  election  of  any  borough,  town,  township  or  villa.ge  not 
having  a  ])ul)lic  library,  the  voters  may,  by  a  majority  vote,  authorize 
the  governing  body  to  unite  with  an  adjoining  borough,  to\\-nship 
or  city  of  the  second  or  third  class,  in  the  maintenance  of  a  public 
lilirary;  the  iMMvileges  of  said  library  to  be  on  equal  terms  to  the 
residents  of  l)olh  municipalities.  (P.  L.  1905,  page  281). 

Section  83.     Tax  levy: 

When,  at  such  election,  the  majority  of  the  voters  of  such  municipal- 
ity authorize  such  union,  the  governing  bodv  thereof  shall  levy  a 
tax  of  not  less  than  one-third  of  a  mill  ui)on  the  dollar,  but  not  more 
than  a  thousand  dollars  ($1,000)  annually,  for  the  support  of  sucli 
union  library.     (P.  L.  1905,  page  282).  (Verbatim). 

Section  84.     Trustees: 

The  head  officer  of  such  municipality  shall  be  ex-ofificio  a  trustee 
of  such  union  library;  and  the  governing  body  thereof  may  desig- 

192 


New  Jersey — 1 1 

nate  two  other  voters,  residents  of  such  municipality,  as  joint  trus- 
tees of  said  union  Hhrarv;  and  these  trustees  shall  be  a  part  of  the 
board  of  trustees  of  the  library  of  said  participatins:  borough,  town- 
ship, or  city  of  the  second  or  third  class.      (  P.  L.  1905,  pa.^e  282 ) . 

Section  85.     Union  of  trustees : 

The  governinj^  body  of  such  boroug'h,  township  or  city,  receiving"  a 
proposal  for  union  with  an  adioining  municipalitv,  is  authorized  to 
accept  such  proposal  and  to  admit  the  trustees  aforesaid  to  its  own 
board  of  trustees;  and  jointly  these  trustees  shall  have  full  control 
of  said  library. 

Section  86.     Tax  for  building: 

When  a  joint  board  of  trustees  shall  deem  it  advisable  to  purchase 
lands  or  erect  buildings,  or  both,  for  the  purpose  of  a  free  public 
library,  said  trustees  shall  certify  the  proportion  of  money  for  such 
purposes,  based  upon  the  assessments,  of  each  municipalitv,  to  the 
g'overning  bodies  thereof;  and  such  g'overning  bodies  shall  submit 
the  question  of  an  appropriation  at  the  next  annual  election;  if  ap- 
proved by  the  majority  vote  thereof,  the  money  may  be  raised  by 
tax  or  bonds ;  in  case  bonds  are  issued,  the  procedure  shall  conform 
to  section  80  of  this  act. 

Conditional  Gifts  for  Library  Purposes 

Section  87.  In  any  city,  borough,  town,  township  or  village  in  which 
there  is  now  or  hereafter  may  be  a  free  public  library  established 
pursuant  to  law,  the  board  of  aldermen,  common  council  or  other 
governing  body  shall  have  power  by  resolution  to  accept  gifts  or 
bequests  for  the  purpose  of  building  a  library  building  in  any  sucli 
municipalitv  which  may  be  made  on  condition  that  a  sum  not  exceed 
ing  ten  per  centum  of  the  amount  of  such  gift  or  be(|uest  be  annually 
appropriated  for  the  maintenance  and  support  of  such  library,  or 
which  niav  l)e  made  on  the  above  condition  and  on  the  further  con- 
dition that  such  municipality  to  which  such  gift  is  made  shall  also 
provide  a  suitable  site  for  such  building;  and  when  any  conditional 
gift  is  so  accepted  by  any  municipality  it  shall  be  lawful  to  raise  bv 
taxation  from  time  to  time  for  the  support  and  use  of  said  library 
such  amount  annually  as  may  be  required  by  the  condition  of  any 
such  gift. 

Section  88.  When  such  gift  is  made  on  the  condition  that  said  muni- 
cipality shall  provide  a  suitable  site  for  such  library  building,  as  well 
as  agree  to  approi)riate  annually  a  certain  sum  of  money  as  afore- 
said, it  shall  be  lawful  for  the  governing  body  of  such  municiiiality 
to  ajipropriate  for  the  purjiose  of  purchasing  a  site  for  .such  library 
building  a  sum  not  exceeding  in  amount  three-fourths  of  one  mill  on 
every  dollar  of  taxable  propertv  in  such  municii)alitv  last  relumed 

193 


New  Jersey — 12 

for  the  purposes  of  taxation-  therein,  and  to  include  the  amount  so 
appropriated  in  the  next  annual  tax  levy  to  he  made  in  such  munici- 
pality. 

Section  89.  At  any  time  after  the  acceptance  of  any  such  last-men- 
tioned o-ift  it  shall  he  lawful  for  the  trustees  of  the  free  puhlic  lihrary 
in  any  such  municipality  to  purchase,  at  a  cost  not  exceeding;  the 
amount  appropriated  therefor,  a  suitable  site  for  the  erection  of  a 
lihrary  buildino-.  The  title  of  the  real  estate  so  purchased  shall  be 
taken  in  the  corporate  name  of  the  municipality,  Init  the  use  and 
control  of  the  same  shall  l)c  in  the  board  of  trustees  of  the  free  public 
library  therein  so  long"  as  it  shall  be  used  for  free  public  library 
purposes. 

Section  90.  Any  o-ift  or  beciuest.  when  acccjited  bv  the  hoard  of  al- 
dermen, common  council  or  other  S'O'^'ei'nin.s;  body  of  any  such  city, 
town,  township  or  municipality,  shall  be  received  by  the  treasurer 
or  other  corresponding;  officer  of  such  municipality  and  expended 
by  and  under  the  direction  of  the  trustees  of  the  free  public  library 
for  the  purposes  for  which  such  gift  or  bec|uest  was  made,  in  the 
same  nianner  as  other  funds  are  now  exj^ended  by  such  trustees. 

SCHOOL  LIBRARIES 
Laws  1914,  Cii.vpter  186 

An  act  amending  an  act  to  establish  free  public  schools. 

1.  Amends  as  follows : 

Section  208.     Establishment: 

The  state  comptroller  shall  draw  his  warrant  on  the  order  of  the 
public  library  commission,  in  favor  of  the  custodian  of  money  of  the 
school  district,  of  twenty  dollars  ($20)  for  any  public  school  situate 
in  such  district  in  which  there  shall  have  been  raised  a  like  sum  to 
establish  a  school  library,  and  a  further  sum  of  ten  dollars  annuallv 
upon  condition  that  a  like  sum  shall  have  been  raised. 

2.  Amends  as  follows : 

Section  209.     Commissioners'  duties : 

The  public  library  commission  shall  make  rules  for  the  organization 
management  and  safe-keeping  of  such  libraries;  and  all  selection  of 
articles  purchased  in  part  by  state  funds  shall  be  approved  as  said 
commission  may  direct. 

3.  In  any  school  district  haying  more  than  one  school-house,  the 
commission  may  consolidate  and  establish  in  one  place  the  school 
libraries  in  such  district. 

4.  Each  school  district  may,  as  provided  by  law,  api)ropriate  such 
sums  as  may  be  necessary  for  the  care  and  management  of  such 
liljrary. 

194 


Nkw  [i:rsev — 13 

5.  Any  expense  incurred  liv  tlie  commission  in  carrying;  into  effect 
this  act  shall  be  paid  by  the  state  treasurer,  on  warrant  of  state 
comptroller,  provided  an  ai)propriation  therefor  sliall  have  been 
made  by  legislature  in  annual  ap])ropriation  act. 

LIBRARY  ASSOCIATIONS 

Co^ri'iLKD  Statutes,  1911,  Vo'!^.  3 

An  act  for  the  encouragement  of  free  Hliraries  in  cities. 

Section  104.  Provides  that  in  anv  city  in  which  a  i)ul)lic  lil^rary  asso- 
ciation now  exists  any  municipal  liodv  having  control  of  a  free 
library  maintained  by  public  bodies,  is  given  power  to  transfer  with- 
out compensation  such  free  library  to  such  public  library  association, 
and  to  pa}'  to  such  library  association  any  sums  which  such  munici- 
pal body  may  be  empowered  to  expend  for  a  free  librarv.  Provided 
that  this  shall  not  be  done  unless  the  by-laws  of  such  library  asso- 
ciation make  the  presiding  officer  of  such  municipal  l)odv  and  the 
superintendent  of  public  schools  ex-ofificio  trustees  of  such  library 
association  and  also  provide  for  keeping  open  such  free  librarv  in 
a  convenient  place  for  the  free  use  of  teachers,  pupils  of  the  public 
schools,  and  citizens  of  such  city,  subject  to  the  rules  of  the  associa- 
tion. 

Section  103.  Gives  library  association  power  to  erect  a  building  not 
to  exceed  in  value  twenty  thousand  dollars  ($20,000). 


195 


Ni-:\v  Mkxico — 1 
NEW  MEXICO 

STATE  LIBRARY 

Laws,  19L^.  Page  56,  Chapter  47 

Section  1.     Trustees: 

There  is  hereby  created  a  board  of  trustees  which  shall  consist  of  the 
chief  justice  and  justices  of  the  Supreme  Court  of  the  State  of  New 
iMexico  who  shall  have  the  mana.oement,  control  and  supervision  of 
the  state  library. 

Section  2.     Organization: 

The  chief  justice  of  the  Sui)renie  Court  shall  act  as  chairman  of  said 
bnard  and  the  clerk  of  the  Sui)rcme  Court  shall  act  as  secretary  of 
said  l)oard.  The  members  of  said  board  shall  serve  wilhout  com- 
pensation. 

Section  3.     Powers: 

Said  board  shall  prescribe  rules  and  reg:ulations  for  the  care  of  the 
library  and  its  ]iroperty  and  for  the  accommodation  of  the  patrons 
of  the  library. 

Section  4.     Purchases: 

Said  board  shall  order  and  purchase  all  books  for  the  library  for 
which  appropriation  shall  have  been  made  and  shall  ha\e  full  man- 
agement of  the  financial  affairs  of  the  library. 

Section  5.     Payments: 

State  auditor  shall  draw  w  arrants  on  state  treasurer  for  payment  of 
accounts  which  have  been  audited  by  said  board  to  the  extent  of  the 
ai)proprialion. 

Section  6.     Librarian: 

State  library  shall  be  under  tlie  care  of  a  librarian  ai)|)ointed  by  said 
board  who  shall  hold  office  at  the  itleasure  of  said  board.  Librarian 
shall  have  custody  of  all  books,  archives  and  other  property  of  the 
library  or  deiiosited  therein. 

Section  7.     Librarian's  bond: 

Librarian  before  takin_g  office  shall  .give  bond  to  the  State  of  New 
Mexico,  in  the  sum  of  two  thousand  dollars  ($2,000.00)  for  the  per- 
formance of  his  or  her  duties. 

Section  8.     Eixcs  salary  of  librarian. 

Section  9.     Removal  of  books : 

If  the  librarian  shall  permit  any  person  not  aulhori/.ed  by  rules  and 
regulations  prc-crilicd  by  the  trustees,  to  remove  a  book  or  other 

107 


New  ^Iexico — 2 

property,  he  shall  be  deemed  suiltv  of  misdemeanor  and  subject  to 
a  fine  of  ten  dollars. 

Section  10.     Removal  of  books : 

Any  person  not  authorized  by  the  rules,  who  shall  take  a  book  or 
other  property  from  the  library,  either  with  or  without  the  consent 
of  the  librarian  shall  be  j^uilty  of  misdemeanor  and  subject  to  a  fine 
of  ten  dollars  for  every  book. 

Section  11.     Injury  to  books: 

Any  person  injuring  a  book  or  other  property  of  the  library,  shall 
forfeit  twice  the  value  thereof. 


PUBLIC  LIBRARIES 

Statutes,  1915,  Chapter  75,  Page  1039,  Municipal  Corporations 

Section  3564,  Paragraph  83.     Establishment.     Maintenance.    Reg- 
ulation : 

The  establishment  and  maintenance  of  a  free  public  library  is  de- 
clared a  proper  and  legitimate  object  of  municipal  expenditure  and 
the  council  of  any  city  or  town  may  appropriate  monev  for  the  forma- 
tion and  maintenance  of  a  library  free  to  all  the  inhabitants  under 
proper  regulations;  for  the  purchase  of  land,  erection  of  buildings, 
hiring  of  buildings  or  rooms,  for  the  compensation  of  employees, 
provided  the  amount  appropriated  in  any  one  year  for  the  mainte- 
nance of  the  library  shall  not  exceed  one  mill  on  the  dollar.  Any 
city  or  town  mav  receive,  hold  and  dispose  of  gifts  for  the  use  of 
the  library. 

Any  city  or  town  having  such  a  library  shall  be  entitled  to  receive 
books  published  by  the  authority  of  the  state : 

Provided,  however,  that  when  a  city  or  town  has  voted  to  levy  an 
annual  tax  for  the  maintenance  of  a  free  librarv,  it  shall  not  be 
necessary  to  again  submit  the  question  of  such  annual  levy  to  a  vote 
of  the  people,  except  on  the  petition  of  one  hundred  resident  tax- 
payers for  the  increase,  decrease  or  discontinuance  of  the  annual 
levy,  in  which  event  the  question  of  such  annual  levy,  shall  be  again 
submitted  at  the  next  ensuing  municipal  election. 

Section  3694.     Park  fund : 

For  the  improvement  and  care  of  parks  in  towns  and  cities  in  addi- 
tion to  the  town  or  city  tax  provided  by  law,  there  mav  be  levied  by 
trustees  or  council,  a  tax  not  to  exceed  one  mill,  provided  that  no 
park  may  have  any  benefit  of  the  public  funds,  the  title  of  which  has 
not  been  conveyed  absolutely  to  the  town  or  citv ;  i)rovided  further, 
that  all  parks  to  receive  the  benefit  of  anv  of  the  provisions  of  this 
section  shall  be  conveyed  to  the  cities  or  towns. 

198 


New  Mexico — 3 

Section  3695.     Park  fund  niav  l)e  divided  with  library: 

The  tax  authorized  by  the  precedina:  section  may  in  the  discretion 
of  the  trustees  or  council  of  any  town  or  city  levying-  such  tax,  be 
divided  between  the  objects  specified  in  said  section  and  the  estab- 
lishment or  maintenance  and  support  of  the  public  library  in  such 
city  or  town. 

EXEMPTION  FROM  TAXATION 

Chapter  107 — Taxation 

Section  5430.     Exemptions: 

The  following  propertv  shall  be  exempt  from  taxation: 
*  *  *  all  public  libraries,  the  grounds,  buildings,  books,  papers 
and  apparatus  of  literary,  scientific,  benevolent,  agricultural  and  re- 
ligious institutions  and  societies  when  the  property  of  said  institu- 
tions and  societies  shall  be  devoted  exclusively  to  the  appropriate 
objects  of  such  institutions  and  not  leased  or  rented  or  otherwise 
used  with  a  view  of  pecuniary  profit. 


199 


New  York — 1 
NEW  YORK 

STATE  Lir.RARY 

Sltplement  to  Annotated  and  Coxsolidated  Laws,  1913 

Vol.  1,  Education  Law,  Akt.  XLT\" 

Si-;(  riox   1110.     I l(nv  constituted: 

All  Iwoks,  ])aiii|)hlcts,  niaiuiscri])ts,  records,  archives  and  niajis  and 
all  other  pro])ertv  api)ri)i)riate  to  a  general  lihrarv  owned  1)y  the  state 
and  not  placed  in  oUier  custody  1)\-  law,  shall  he  in  charge  of  the 
rej^'ents  and  constitute  the  state  lil)r,-u"\'.  (Source  -  lulucation  law 
1909.  Section  1020).  (A^erl)atini  j 

Section  1111.     State  medical  lihrary: 

The  state  medical  lihrary  shall  he  a  part  of  the  Xew  York  state 
library,  under  the  same  government  and  reoulation  and  shall  I)e 
open  for  consultation  to  everv  citizen  of  the  state  at  all  hours  when 
the  state  lihrary  is  open  and  shall  he  ax'ailahle  for  borrowinq-  book.-, 
to  every  accredited  physician  in  the  state  of  Xew  York,  who  shall 
conform  to  the  rules  made  hv  the  re^'ents  for  insuring"  pro])er  pro- 
tection and  the  largest  usefulness  to  the  i)eoi)le  of  the  said  medical 
library.      (Source  -  Education  law   1909,  Section   1021) 

(AA-rhalim) 

Section  1112.     Manuscri]it  and  records  "on  fde." 

Manuscript  or  ])rinted  papers  of  the  legislature  usually  termed 
"on  file"  and  which  have  been  on  file  more  than  five  years  in  custody 
of  the  senate  and  assembly  clerks  and  all  jmblic  records  of  the  state 
not  placed  in  other  custody,  by  si)ecific  law  shall  l)e  a  i^art  of  the 
state  library.  Regents  shall  i)r(i\-i(le  for  the  classification,  arrange- 
ment, care  and  use  of  i)apers  and  records.  (  Source,  Ivlucation 
law  1909,  Section  1022). 

Section  1113.     .State  lilirarv  when  oi)en.     Use  of  books: 

State  library  shall  he  ojjcu  not  less  than  eight  hours  everv  week 
day  in  the  year  except  the  legal  holidays  known  ;is  Independence 
Day,  Thanksgiving  Day  and  (  hristmas  Dav  and  members  of  the 
legislature,  judges  and  heads  of  slate  departments  mav  borrow 
books  for  use  in  Albany,  subject  to  restrictions  and  penalties.  Others 
shall  be  entitled  to  use  or  borrow  books  on  such  conditions  as  regents 
shall  jjrescribe.     (Source,  bjlucalion  law  190'),  Section  1023). 

Skctiox   1114.      I  )u])lic;Ue  dei);irtment  : 

Regents  shall  have  charge  of  ])re]);iralion,  publication  and  distribu- 
tion of  Colonial  history,  natural  his|or\'  ;in(l  all  oilier  state  i)ublica- 
tions.  not  otherwise  assigned  1)\-  law.  l""or  lliis  ))uri)f)se  ihev  sh;ill 
maintain   :i  duplicate  deiiartnu'nt.      (Source,    Ivlucalion   Law    l**')''. 

201 


New  York — 2 

Section  1024.  References,  State  printing-  law,  Section  11,  Legis- 
lative law  Section  46-47). 

Section  1115.     Transfers: 

The  librarian  of  any  liljrary  owned  Idv  state,  or  officer  in  charoc  of 
any  department,  bnreau,  board  or  commission,  may  witli  the  ap- 
proval of  the  regents,  transfer  to  the  permanent  cnstody  of  the 
state  library  or  musenm,  any  books  or  other  propertv  in  his  charge. 
(Source,  Education  law,  IW-*,  Section  1025). 

Section  1116.     Otlier  lil^raries  owned  bv  the  state: 

The  report  of  the  state  library'  to  the  legislature  shall  include  a 
statement  of  the  total  number  of  volumes  or  pami:)hlets,  the  number 
added  during  the  year,  a  summary  of  the  Oj^erations  and  condi- 
tions and  any  needed  recommendation  for  each  of  the  other  libraries 
owned  by  the  state.  Each  of  these  libraries  shall  be  under  the  sole 
control  now  ])rovided  by  law,  l^ut  as  to  the  annual  report,  it  shall 
be  considered  a  branch  of  state  librarv.  (Source,  Education  law 
Vm,  Section  1026). 

LAW  LIBRARIES 

lulucation  law,  sections  1160  to  1180,  provide  cmn-t  of  appeals 
libraries,  ap])elate  division  libraries  and  sujireme  court  libraries  in 
various  parts  of  the  state. 

rL'BLIC  LIBRARIES,  FREE  LIBRARIES  AND  MUSEUMS 

SUPPI.EMKNT   TO    ANNOTATED   AND    CoNSOEIDATET)    LaWS,    L)13.    \\    1, 

Education  Law.  Art.  XLI\' 

Section  1117:     Pulilic  and  free  lil^raries  and  museums: 

All  provisions  of  this  section  and  of  sections  1118  to  1130  inclusive 
shall  apply  equally  to  libraries  and  museums  and  to  combined  libra- 
ries and  museums  and  the  word  "librarv"  shall  lie  construed  to  in- 
clude reference  and  circulating  libraries  and  reading  rooms. 
(Source,  Sections  1117  to  1130  inclusive  is  Education  law  1909, 
Sections  1027  to  1040  inclusive.)  (\'erbatim) 

Si:cTio.\'  1118.     Establishment: 

By  majority  vole  at  any  election  any  count}-,  city,  village,  town, 
school  district  or  other  body  authorized  to  lew  and  collect  ta.xes  or 
by  vote  of  its  common  council  or  by  action  of  a  board  of  estimate 
and  apportionment,  or  other  ])roi)er  authority  any  city,  or  by  vole  of 
its  trustees,  any  village  may  establish  and  maintain  a  free  public 
hl)rary,  with  or  without  branches,  either  bv  itself  or  in  connection 
with  any  other  body  authorized  to  maintain  a  sejiarate  library. 
\\  henever  twenty-five  taxpayers  shall  so  i)etition,  the  (|uestion  of 
providing  library  facilities  -hall  be  voted  on  al  the  next  election  or 

202 


Xi':w  ^'ol•!K — 3 

meeting  at  which  taxes  may  l^e  voted;  i)rovi(lecl.  that  (Uie  ])ul)hc 
notice  shall  have  been  given  of  the  proposed  action. 
A  municipality  or  district  named  in  this  section  mav  rai^c  money 
by  tax  to  establish  and  maintain  a  public  library  or  libraries  or  to 
provide  a  building  or  rooms  for  its  or  their  use  or  to  share  the  cost 
as  agreed  with  other  niunici])al  or  district  bodies,  or  to  i)av  for 
librarv  ])rivileges  under  a  contract  therefor.  It  mav  also  ac(|uire 
real  or  jjcrsonal  jiropertv  for  librar}-  purposes  by  gift,  grant,  devise 
or  condemnation,  and  mav  take,  buv,  sell,  hold  and  transfer  either 
real  or  jjersonal  property  and  administer  the  same  for  public  librarv 
purposes.  A  board  of  supervisors  of  a  comity  mav  contract  with 
the  trustees  of  a  public  library  within  such  county,  or  with  any  other 
municipal  or  district  body  having  control  of  such  a  lii)rary,  to  fur- 
nish lil)rary  pri\ileges  to  the  people  of  the  county  under  such  terms 
and  conditions  as  may  be  stated  in  such  contract.  The  amount 
agreed  to  be  paid  for  such  i:)rivileges  under  such  contract  shall  be 
a  charge  upon  the  county  and  shall  be  i^aid  in  the  same  manner  as 
other  county  charges.  (Amended  bv  laws  of  l')ll.  Chai)ter  815, 
in  effect  July  28,  ioil).  (A^rbatim) 

Skctiox  1119.     .\cceptance  of  conditional  gift. 

By  majority  vote  at  any  election  anv  numiciiialitv  or  district,  or 
by  three-fourths  vote  of  its  council,  anv  citv  or  anv  i)ul)lic  lil)rary 
in  the  University  or  anv  designated  branch  thereof,  if  so  authorized 
bv  such  vote  of  a  numicii)alitv,  district  or  council  or  of  anv  com- 
biiialinii  (if  such  voting  bodies  may  accept  gifts,  grants,  devises  or 
bL(|uests  for  ])ublic  librarv  puri)oses  on  condition  that  a  specified 
annual  api)roi)riation  shall  thereafter  be  made  bv  the  municii)aliiN' 
oi-  district,  or  coml)inalinn  so  authorizing  such  accei)tance  for 
maintenance  of  such  librarv  or  branches  thereof.  Such  acceptance 
when  a])proved  bv  the  regents  of  the  L'niversit\-  under  seal  and 
recorded  in  its  book  of  charters  shall  be  a  binding  contract  and 
such  numici])alitv  and  district  shall  lew  and  collect  vearlv  the 
amount  jjrovided  in  the  manner  jjrescribed  for  other  taxes  and 
shall  m;iintain  anv  so  accejjted  gift,  grant,  devise,  or  bequest  intact 
and  make  good  any  imi)airment   thereof.  (  W'rbatim) 

.Sia'TioN  1120.     .Subsidies: 

r.y  vote  similai-  to  that  re(|uired  b\-  Section  1118  and  111'',  monev 
mav  be  granted  tow'ard  the  sui)port  of  libraries  not  owned  bv  the 
public  but  maintained  for  its  welfare  and  free  use,  iirovided  thai 
such  libraries  sh;dl  be  subject  to  the  inspection  of  the  regents  and 
registere<l  l)v  them  as  maintaining  a  i)roi)er  standard:  that  the 
regents  shall  certifv  what  number  of  the  books  circulated  are  of 
such  character  as  to  merit  a  iir<anl  of  iiublic  monev,  and  that  the 
amount  granted  yearlv  [o  i)ublic  libraries  on  the  basis  ol  circula- 
tion shall  not  exceed  ten  cents  for  each  volmne  of  the  circulation 
thus  certified  by  regents.  (Xerbatim) 

203 


New  York — 4 

Section  1121.     Closin.s^  of  museum.     Admission  fee: 

Trustees  of  an\-  institution  supported  under  this  chapter  hy  imblic 
money  in  whole  or  in  part,  may  so  far  as  consistent  with  reasonable 
free  use,  close  any  of  its  collections  at  certain  other  hours  to  meet 
the  demands  of  sjiecial  students  or  for  exhibition  purposes,  and 
mav  charge  an  admission  fee  at  such  hours;  provided  all  receipts 
from  such  fees  shall  be  paid  into  the  treasury  and  used  for  the  insti- 
tution. 

Section  1122.     Taxes: 

Taxes  in  addition  to  those  otherwise  authorized,  may  be  yoted  by 
any  authority  named  in  Section  1118  and  for  any  purpose  specified 
in  Section  1 1 18  to  1 120  inclusiye  and  shall,  unless  otherwise  directed 
be  considered  annual  approjM-iations  until  chang-ed  by  further  yote; 
and  shall  be  levied  and  collected  as  are  other  .s;eneral  taxes  and  all 
money  received  for  such  library  shall  be  kept  as  a  separate  fund  and 
exi:)ended  under  the  direction  of  the  trustees. 

Section  1123.     Trustees: 

Free  public  libraries  established  by  the  voters  or  their  representa- 
tives, shall  be  managed  by  trustees,  who  shall  have  all  the  i towers 
of  trustees  of  other  educational  institutions  of  the  university  as  de- 
fined in  this  chapter  provided;  unless  otherwise  specified  in  the 
charter,  the  number  of  trustees  shall  be  five;  shall  be  elected  by  the 
legal  voters,  except  that  in  cities  they  shall  be  appointed  by  the 
mayor,  with  consent  of  council;  that  the  first  trustees  determine 
by  lot,  whose  term  of  office  shall  expire  each  year,  and  that  a  new 
trustee  shall  be  elected  or  ai)pointed  annually  to  serve  for  five 
years. 

(Xote:  New  ^'ork  education  law,  I'W,  article  10.  sections  2.'^0 
to  285  inclusive,  jirescribc  that  the  i)owers  and  duties  of  school 
trustees  shall,  so  far  as  a^jplied  to  libraries,  conform  substantially' 
to  those  i)rescribed  for  trustees  in  other  states.  Section  27'5,  para- 
grajjli,  7,  makes  it  the  duty  of  the  school  trustees  to  insure  the  school 
library). 

Section  1124.     Tncoriioration: 

Within  one  month  after  taking  office  the  first  board  of  trustees  of 
any  such  free  ])ul)lic  library  shall  apply  to  the  regents  for  a  charter 
in  accordance  with  the  vote  establishing  the  library.      ( Verbatim) 
(Xote:     Education  law  of  Xew  York,  sections  60  to  62  inclusive. 
l)rovide  conditions  of  incorporation  and  the  granting  of  charters. 

Section  1125.     Use  of  library; 

Every  library  established  under  section  1118  shall  be  forever  free 
to  the  inhabitants  of  the  locality,  subject  to  the  rules  of  the  trustees 
and  the  trustees  mav,  under  such  conditions  as  they  think  expedient, 

204 


XkW    ^'ORK 5 

extend  the  privileges  of  the  library  to  i)ersons  living-  outside  such 
locality. 

Section  1126.     Reports: 

Every  lil)rary  and  museum  which  receives  state  aid  or  enjovs  ex- 
emption from  taxation  or  other  privileg'e  not  usually  accorded  to 
business  corporations,  shall  make  the  reiiort  required  by  section  58 
of  this  chapter  and  such  report  shall  relieve  institutions  from  mak- 
ino-  an\-  rei)ort  now  required  to  he  made  to  the  legislature  or  any 
other  department.  These  reports  shall  be  summarized  and  trans- 
mitted to  the  legislature. 

(Note:      Section   58   of   this   chai)ter    s:^-ives   the    reg'ents   or   their 
representatives  power  to  visit  and  insi)ect  all  educational  institu 
tions,  to  require  reports  from  the  same  and  to  suspend  the  charter 
for  failure  to  report). 

Sectiox  1127.     Injuries  to  propertv: 

Whoever  intentionally  injures,  defaces,  or  destroys  any  jirojierty  bc- 
lon<^ino;  to  any  incorporated  library  or  other  educational  institution 
shall  be  punished  b}'  imprisonment  in  the  state  prison  for  not  more 
than  three  years,  or  in  the  count v  iail  for  not  more  than  one  year, 
or  by  a  fine  of  not  more  than  five  hundred  dollars  or  bv  both  such 
fine  and  imprisonment. 

(  Xole:  Removal  of  books  in  libraries  and  iniuries  to  property  a 
misdemeanor.     I'cnal  law,  section  1427  and  1428). 

Sectiox  1128:     Detention: 

Whoever  wilfully  detains  any  book,  newspaper,  mag'azine,  pam- 
phlet, manuscript  or  other  property  belono-ino-  to  any  public  or  in- 
corporated library,  reading-  room,  museum  or  other  educational 
institution  for  thirty  days  after  notice  in  writing  to  return  the  same, 
given  after  the  e.xpiration  of  the  time  which  bv  the  rules  of  such 
institution,  such  article  or  other  ])roperty  may  be  kept,  shall  be 
jumished  by  a  fine  of  not  less  than  one  nor  more  than  twenty-five 
dollars  or  b)^  imprisonment  in  the  jail  not  exceeding  si.x  months 
and  the  said  notice  shall  bear  on  its  face  a  cojn'  of  this  section. 

(^^erbatim) 

Section  112*-'.     1'ransfer  of  lil)raries: 

Provides  that  any  corporation,  a'-sociation,  school  district  or  cuni- 
bination  of  districts  may  by  legal  vote  ai)proved  by  the  regents, 
transfer  conditionally,  as  provided  bv  section  111'^  of  this  article, 
or  otherwise,  the  ownershi])  of  its  lil)rarv  to  anv  niunicii)alil\-,  dis- 
trict or  public  library  in  the  uni\ersitv  c)r  any  branch  thereof  and 
thereafter,  si:ch  transferee  shall  be  entitled  to  receive  money,  books 
or  other  propertv  from  the  stale  or  other  sources  to  which  the  Irans- 
fering  bodv  would  have  been  entitled  and  the  Iransfering  body  shall 
be  relieved  of  all  responsibililv  jjcrtaining  to  the  i)roi)erty  trans 
ferred. 

20.^ 


New  York — 6 
Section  1130.     Local  ne.s:Iect: 

Provides  that  if  the  local  authorities  of  any  library  receiving  state 
aid  fail  to  provide  for  the  usefulness  of  the  library,  the  regents  on 
giving  notice  may  suspend  all  right  to  further  grants  and  if  the 
trustees  neglect  to  comply  with  the  requirements  sixty  days  after 
service  of  notice  the  regents  may  remove  them  and  assume  full 
control  of  the  li1:)rary. 

Section  1131.     Loan  of  books  from  state: 

L'uder  such  rules  as  the  regents  may  prescribe  they  may  lend  from 
the  state  library  duplicate  department  or  from  books  specially  given 
or  bought  for  this  purpose,  a  selection  of  books  for  a  limited  time 
to  any  public  library  in  this  state  under  visitation  of  the  regents  or 
to  any  community  not  yet  having  established  such  library,  but  which 
has  conformed  to  the  conditions  required  for  such  loan.  (Soiu-ce, 
Education  law  1909,  section  1051).  (Verbatim) 

Section  1132.     Advice  and  instruction : 

The  trustees  or  librarian  or  any  citizen  interested  in  anv  public 
library  in  this  state  shall  be  entitled  to  ask  and  receive  from  the 
officers  of  the  state  librarv,  advice  or  instruction  as  to  establishment 
and  organization  of  a  library.  Regents  may  provide  for  giving 
such  advice  by  state  library  staff  or  by  library  commission.  Re- 
gents may  on  request  furnish  books  instead  of  money  ajiportioned; 
such  assistance  shall  be  free  to  residents  of  the  state  so  far  as  prac- 
tical, but  the  regents  may  charge  a  proper  fee  to  non-residents  or 
for  assistance  of  a  personal  nature.  (Source,  Education  law  1909, 
sections  1039,  1042). 

Section  1133.     Apportionment  of  public  money: 

Such  sum  as  shall  have  been  appropriated  bv  the  legislature  as  pub- 
lic library  money  shall  be  paid  annually  by  the  treasurer  on  the  war- 
rant of  the  comptroller  from  the  income  of  the  United  States  de- 
posit fund,  according  to  an  apportionment  to  be  made  for  the  bene- 
fit of  free  libraries  by  the  regents  in  accordance  with  their  rules 
and  authenticated  by  their  seal ;  provided,  that  none  of  this  money 
shall  be  spent  for  books  unless  approved  bv  the  regents ;  that  no 
locality  shall  share  in  the  apportionment  unless  it  raise  and  use  for 
the  same  purpose  an  equal  amount  from  taxation  or  other  local 
sources;  that  for  any  part  of  the  apportionment  not  pavable  direct 
to  the  library  trustees,  the  regents  shall  file  proper  vouchers  show- 
ing that  it  has  been  spent  in  accordance  with  the  law.  and  that 
books  paid  for  by  the  state  shall  be  subject  to  return  to  the  regents 
whenever  the  library  shall  neglect  or  refuse  to  conform  to  the  ordi- 
nances under  which  it  secured  them.  (Source,  Education  law  1909, 
section  1043). 

Section  1134.     Abolition: 

Any  library  established  bv  public  vote  or  action  of  school  authori- 

20C> 


Xi:w  \'()RK — 7 

ties  under  section  1118  of  this  chapter,  may  be  abohshetl  only  by  a 
majority  vote  at  a  regular  annual  election  ratified  by  a  maiority 
vote  at  the  next  annual  election.  If  any  such  librarv  is  abolished 
its  property  shall  be  used,  first  to  return  to  the  reg-ents  the  equival- 
ent of  such  sums  as  it  may  have  received  from  the  state  or  from 
other  sources  as  oifts.  After  such  return  any  remaining-  properts- 
may  be  used  as  directed  by  the  vote  abolishing  the  librarv,  but  if  the 
entire  property  does  not  exceed  the  amount  of  such  gifts,  it  mav 
be  transferred  to  the  regents  and  the  trustees  shall  l)e  free  from 
further  responsibility.  \o  abolition  shall  be  lawful  until  the  regents 
grant  a  certificate  that  its  abolition  is  in  accordance  with  the  law. 
(Source,  Education  law  1000,  section  1044). 

Sectiox  1135.     Use  and  care  of  school  librarv: 

School  library  shall  be  part  of  the  school  equipment,  kept  in  the 
school  building-  and  devoted  to  the  use  of  the  school  except  as  othei  - 
wise  provided  by  the  commissioner  of  education,  and  excei)t  in  a 
district  where  there  is  no  free  public  library, — in  which  case  such 
school  library  shall  be  a  circulating  library  for  the  use  of  the  resi- 
dents of  the  district.  v 

( 1 )  The  commissioner  of  education  shall  prescribe  rules  for  the 
purchase  and  care  and  loaning  of  books  to  pupils  and  teachers; 

(2)  shall  i)rescribe  the  conditions  under  which  books  mav  be  used 
by  the  public ; 

(3)  rules  for  the  use  of  school  libraries  as  circulating-  libraries  by 
the  residents  of  the  district; 

(4)  the  contents  and  submission  of  rei^orts  by  school  libraries. 

(  As  amended.  Laws,  1014,  chap.  51,  section  1 ) 

Skction  1135  a.     Librarian: 

Provides  for  the  em])loyment  of  a  librarian,  who  mav  be  llie  liltrarian 
of  a  free  public  library.  In  case  of  failure  to  make  such  ai^poinl- 
ment.  a  teacher  shall  act  as  librarian. 

(  Laws,  1014,  chap.  51,  section  2) 

Sectiox  1136.     Existing  rules  in  force: 

All  existing  provisions  of  law  and  rules  shall  hold  good  until  altered 
in  pursuance  of  law. 

Section   1137:      Aulhoritv  to  raise  and  receive  money: 

Each  city  and  school  district  in  the  state  is  hereby  authorized  to 
raise  monies  by  tax  in  the  same  manner  as  other  school  monies  are 
raised,  or  to  receive  monies  by  gift  or  dexise  for  starting,  extending; 
or  caring  for  the  school  libraries.  (  \'erbatim) 

.Ski'TIOX   113S.      Transfer  of  sclionl  librar\-  lo  iniblic  lihrary: 

Gives  anv  Ixiard  of  educaliun  authoritv  to  transfer  its  jiropertv  to 

207 


Ne\\'  York — 8 

an}'  free  piil)Iic  library  under  state  supervision  or  to  aid  in  estab- 
lishing^ such  hljrar}-.  A  receipt  from  the  officers  of  such  pubhc 
Hbrary  approved  by  the  regents,  shall  forever  relieve  said  school 
authorities  of  further  responsibility  for  said  library. 

Section  1139.  Transfer  of  property  not  in  charge  of  librarian: 
Any  books  or  othsr  library  property  belonging  to  any  district  library 
\\hich  ha^e  not  been  in  direct  charge  of  a  librarian  within  one  year, 
shall  with  the  written  permission  of  the  regents  be  taken  and 
owned  by  any  public  library  under  state  supervision.  pro\-idcd  that 
such  library  property  be  fotind  in  the  territory  for  which  such  public 
library  is  maintained  and  further,  provided  that  on  written  rec|uest 
of  the  school  authorities  any  dictionaries,  cyclopedias  and  peda- 
gogical books  shall  be  placed  in  the  school  librarv  of  the  district. 

Section  1140.     Changed  to  free  public  library: 

In  any  district  in  which  the  school  librarv  is  a  circulating  lilirary. 
under  the  provisions  of  section  1135,  the  school  authorities  in  their 
discretion  may  appoint  five  trustees,  who  shall  apply  to  the  regents 
for  a  charter:  and  upon  incorporation,  the  school  authorities  may 
transfer  to  them  the  library  property,  as  provided  in  section  1138. 
(As  amended.  Laws.  1914,  chap.  51,  section  3). 

Section  1141.     Penalty  for  disobedience  to  library  law: 

The  commissioner  of  education  is  hereby  authorized  to  withhold  its 
share  of  public  school  monies  from  any  city  or  district  which  uses 
school  library  monies  for  any  other  purpose  than  that  for  which 
they  are  provided,  or  for  any  wilful  neglect  or  disobedience  of  the 
law,  rules  or  orders  of  said  commissioner  in  the  premises.  (  Source 
of  Sections  1135-1141  is  Education  law.  1909,  sections  1045-1051). 

TRUSTS  FOR  PUBLIC  PARKS  AND  LIBRARIES 

Supplement  to  Annotated  and  Con.solidated  Laws.  1913.  Vol.  1, 
Pace  1124,  General  Mcnicipal  Law 

Section  140.     Trusts  for  public  parks  and  libraries: 

It  shall  be  lawful  to  grant  and  de\ise  real  estate  and  to  give  and 
bequeath  personal  i)roperty  to  trustees  and  their  successors  in  trust 
for  the  purpose  of  creating,  continuing  and  maintaining  according 
to  the  terms,  conditions,  and  ])r()visions  of  such  grant,  gift,  devise 
or  bequest,  one  or  more  public  parks  or  a  public  librar\-.  or  for  the 
purposes  of  aiding  and  instructing  children  or  for  any  one  or  more 
of  such  puri)()ses  in  any  citv.  village  or  town  in  this  state.  The 
number  of  such  trustees  shall  be  not  less  than  three  nor  more  than 
nine.  (Verbatim) 

Section  141.     Trustees  a  corporation: 

Whenever  anv  grant,  gift,  devise,  or  liequcst  shtdl  be  irade  under 

208 


New  York — 9 

llic  provisions  of  this  article,  such  trustees  shall  thereupon  become 
a  body  politic  and  corporate  with  full  powers  thereof. 

Section  142.     Elig-ibility: 

In  case  of  vacancy,  the  place  may  be  filled  by  the  remainins?  trustees 
in  default  thereof  after  three  months,  by  the  sui)rcme  court  on  jaeti- 
tion. 

Section  143.     Manag'ement  and  ajiiiropriation  of  property: 

Trustees  created  under  provisions  of  this  article  shall  have  custody 
and  management  of  all  propertv  of  such  corporation  for  aiding'  and 
instructing'  children,  for  establishing-  and  maintaining  a  park,  for 
furnishing  and  supplying  a  library  with  proper  edifice,  books,  ec|uip- 
ment  and  for  mantaining  the  same. 

Section  145.     Visitation  of  supreme  court: 

All  corporations  under  the  provisions  of  this  article  shall  be  subject 
to  visitation  and  inspection  of  justices  of  supreme  court :  shall  file 
annually  a  certificate  giving  names  of  trustees  and  inventory  of 
property;  shall  be  entitled  to  such  compensation  as  court  shall  fix, 
shall  be  subject  to  the  control  of  the  court  as  to  their  conduct  of 
business. 


200 


North  Caroi.ixa — 1 
NORTH  CAROLTXA 

STATE  LIBRARY" 
Peu/s  Revisal.  1908.  Vm..  2.  Ciiaptkk  lOS 

Section  5068.     Location: 

State  library  shall  occupy  rooms  in  the  sni^iremc  CDurt  huildinij 
(1885). 

Section  5069.     Trustees.     Duties  and  i^owers: 

Governor,  superintendent  of  iniblic  instruction  and  secretary  of 
state  shall  be  trustees.  Trustees  shall  make  rules,  and  make  distri- 
bution of  books,  reports,  etc. 

Section  5070.  Lil)rarian's  seal. 

Section  5071.  Records  procured  and  i)ublishcd. 

Section  5072.  Trustees  may  sell  i)ul)lications. 

Section  5073.  Colonial  records  sent  to  certain  states. 

Section  5074.  Governor  to  desig-nate  documents  to  he  preserved. 

Section  5075.  Penalty  for  injury  to  books. 

Section  5076.  Committee  to  purchase  hooks. 

Section  5077.  Librarian  elected  (|uadrenniallv;  to  £i"ivc  bond. 

Section  5078.  I.il)rarian  may  enii)l()\-  an  assistant. 

Section  507'A  Lilirarian  to  receii)t  for  laws  of  other  states. 

Section  5080.  Colored  i)eo])le — separate  reading'  room  for. 

Section  5081.  Ap])ro])riati(ins. 

Si'XTIon  5082.  Hours  of  oiiening. 

T..\\Y  LIBRARY 

Section  5083.     Location: 

Law  library  shall  (iccui)y  rooms  in  supreme  court  building. 

Section  5084.     Trustees.     Powers  and  duties: 

Justices  of  .supreme  court  are  appointed  trustees  of  law  library, 
Justices  shall  have  charge  of  the  law  library,  and  ma\-  in  iheir  dis- 
cretion employ  a  librarian. 

Section  5085.     Hours  of  opening. 
SiccTiox  5086.      .\])i)ro])rialions. 

211 


North  Carolina — 2 
DOCUMENT  LIBRARY 
Section  5087.     Document  lil)rarv  shall  nccuin-  rooms  in  capitol. 
Sfxtion  5088.     Librarian  of  such  library  shall  bo  custodian. 
Section  5089.     Provides  assistant  librarian. 
Section  5090.     Librarian  to  jirocurc  bixiks. 
Section  509L     Hours  of  ojienino:. 

HISTORICAL  COMMISSION 

Pell's  Revlsal.  1908,  v.  2 

Section  4539.     Creation.     Term  of  office.     No  compensation. 

Historical  commission  shall  consist  of  not  more  than  five  persons 
appointed  by  the  governor  for  terms  of  six  years  after  first  appoint- 
ment. Shall  serve  without  salary.  Exiienses  allowed  for  not  more 
than  four  meetings  annually. 

Gregory's  Supplement  to  Pell's  Revisal,   1914 

Section  4540  a.     Duties  of  commission: 

It  shall  be  the  duty  of  the  commission  to  collect  from  newspapers, 
records,  etc.,  data  pertaining  to  the  history  of  North  Carolina;  to 
provide  for  the  proper  marking  of  historical  places;  to  diffuse 
knowledge  in  regard  to  North  Carolina;  to  report  biennially  to  the 
governor ;  to  cooperate  in  the  Tamestown  Exposition,  spending  not 
more  than  five  thousand  dollars  for  that  purjiose. 

Pell's  Revi.sal,  1908,  v.  2 

Section  4541.     Powers: 

Shall  have  power  to  adopt  a  seal,  make  rules,  fix  expenditure  of 
funds;  must  provide  free  one  copy  of  its  publications  to  public  librar- 
ies making  api)lication. 

Section  4541  a.     Provides  offices  in  the  state  library  building. 

Section  4541  b.  Transfers  to  it  all  documents  in  the  hands  of  public 
officials. 

Section  4541  c  Appropriates  annuallv  five  thousand  dollars 
($5,000)  and  funds  derived  from  the  sale  of  its  publications,  for  the 
sup])nrt  of  the  commission. 

LEG1SL.\T1\T.  REFERENCE  LIBRARY 

Laws,  1015,  Page  277,  Chapter  202 
An  act  to  establish  a  legislative  reference  librarv. 
Section  1.     Establishment.     Librarian  and  his  duties: 

Authorizes  historical  commission  to  api)oint  (|ualified  i)crson  as  leg- 

212 


North  Carolfna — 3 

islative  reference  librarian,  wIkisc  duty  it  shall  be  to  collect,  tabu- 
late, annotate  and  disfest  information  for  the  use  of  the  general 
assembly  and  other  state  officials,  upon  all  questions  of  state,  county 
and  municipal  legislation;  to  make  reference  to  similar  legislation 
in  other  states  and  nations;  to  have  available  the  laws  of  other 
states  and  nations,  as  well  as  those  of  North  Carolina  and  such 
other  books,  etc.,  as  may  throw  liyht  upon  questions  under  consid- 
eration; to  keep  the  Revisal  of  1905  revised  to  date;  to  classify  all 
public  bills  introduced  into  the  general  assemblv;  to  perform  such 
other  duties  as  ma}^  be  required  bv  the  historical  commission;  at 
the  request  of  members  of  the  assemblv  to  secure  all  available  in- 
formation on  any  i:)articular  subject  named. 

SiccTiox  2.     Exchange  of  publications : 

r)ther  state  dc])artments  shall  supply  historical  commission  with 
copies  of  publications,  for  exchange  with  other  states. 

Section  3.     Printing  of  publications: 

Provides  for  printing  of  the  bulletins,  etc.,  of  the  legislative  refer- 
ence library,  as  other  state  printing. 

Sectiox  4.     Appropriates  live  thousand   dollars    ($5,000)    annually 
for  the  foregoing  jiurposes. 

STATE  LIBRARY  COMMISSION 
PuRi,ic  Laws.  1009,  Page  1281,  Chapter  873,  Act  to  EsTABLisir 

A  Literary  Commission 

Section  1.     A])poinlment : 

There  is  hereby  created  a  library  commission  that  slnll  l)e  known 
as  the  library  commission  of  N'orth  Carolina.  It  shall  consist  of 
the  superintendent  of  public  instruction,  the  state  librarian,  two 
other  persons  who  shall  be  ajipointed  bv  the  North  Carolina  Library 
Association,  and  one  other  person  who  shall  be  appointed  by  the 
governor,  all  of  whom  .shall  serve  without  compensation.  Upon 
the  passage  of  this  act  the  governor  shall  api)oint  one  person  to  serve 
one  year,  the  North  Carolina  Library  Association  one  i)erson  to  serve 
two  years  and  one  person  to  serve  three  vears.  As  these  terms  ex- 
pire, annually  thereafter  one  person  shall  be  ajipointed  for  three 
years  by  the  governor  and  by  the  North  Carolina  Librarv  Associa- 
tion, according  to  the  vacancy  to  be  fdled. 

Section  2.     Commission  shall  elect  its  own  ollicers  annually. 

Section  3.     Duties  of  Commission: 

Commission  shall  give  assistance,  ach'ice  and  counsel  In  all  libraries 
in  the  state,  to  all  communities  ])roposing  to  establish  libraries,  as 
to  the  best  means  of  establishing  libraries,  selection  of  Ijooks,  cata- 
loging, maintenance  and  other  details.     The  commission  ma\-  aid 

213 


North  Carolina — I 

in  organizing"  new  libraries  and  ini])roving  those  already  organized, 
and  may  establish  and  maintain  traveling  or  other  libraries.  Com- 
mission shall  employ  a  secretary  not  of  its  own  number,  trained  in 
modern  library  methods,  who  shall  receive  such  comi^ensation  as  the 
commission  may  decide  and  shall  perform  the  usual  duties  of  a 
secretary  and  such  other  duties  as  may  be  assigned. 

Section  4.     Reports  of  libraries: 

Every  public  library  in  the  state  shall  make  an  annual  report  1o 
the  commission.  The  term  "public  library"  shall  for  the  purpose 
of  this  act  include  free  public  libraries,  subscription  libraries,  school, 
college  and  university  libraries.  Young  Men's  Christian  Associa- 
tion, legal  association,  medical  association,  supreme  court  and  state 
libraries. 

Section  5.     Report  of  commission: 

Commission  sh.all  make  a  biennial  report  to  the  governor,  which 
shall  be  printed. 

Section  6.     Expenses: 

No  member  of  the  commission  shall  ever  receive  any  compensation 
for  sen'ice,  but  the  actual  traveling  expenses  and  other  necessary 
expenses  connected  with  the  work  may  be  i^aid. 

Section  7.     Appropriation: 

Appropriates  four  thousand  dollars  for  the  use  of  commission.  (As 
amended  Laws,  1913,  chap.  175,  and  Laws,  1915,  chap.  161). 

Section  8.     Office: 

The  l)oard  of  public  building"s  may  allow  suitable  offices  for  the  use 
of  the  commission. 

PUBLIC  LIBRARIES 

Laws,  1911,  Page  242,  Chapter  83 

An  act  to  provide  for  the  establishment  and  maintenance  of  public 
libraries. 

Section  1.     Estalilishment.     Tax  levy: 

The  board  of  aldermen  or  town  commissioners  of  anv  incorporated 
city  or  town  upon  the  petition  of  twenty-five  percent  of  the  regis- 
tered voters  thereof,  shall  submit  the  question  of  the  establishment 
of  a  free  public  library  to  the  voters  at  the  next  municipal  election. 
If  a  maiority  of  votes  on  said  question  be  affirmative,  the  aldermen 
or  commissioners  shall  establish  the  library  or  reading  room  and 
levy  a  special  tax,  not  more  than  ten  cents  on  one  hundred  dollars, 
or  thirty  cents  on  the  poll.  The  funds  so  provided  shall  constitute 
the  library  fund,  which  shall  be  kept  se]«rate  from  all  other  funds 
and  expended  exclusively  upon  such  library. 

214 


North  Carolina — 5 

Sectfox  2.     Trustees: 

Aldermen  or  commissioners  sliall  appoint  six  trustees;  not  more 
than  one  of  the  aldermen  or  commissioners  shall  at  any  one  time 
he  a  member  of  such  board.  At  the  first  appointment  two  trustees 
shall  be  appointed  for  two  years,  two  for  four  years  and  two  for 
six  years,  and  thereafter  for  six  years.  The  aldermen  or  commis- 
sioners may  remove  any  trustee  for  incapacity,  misconduct  or  neaf- 
lect.     Xo  compensation  shall  be  allowed  any  trustee. 

Section  3.     Orj^fanization  and  powers: 

Trustees  shall  organize  by  electing-  one  of  their  number  president 
and  one  secretary-treasurer  and  such  other  ofilicers  as  thev  deem 
necessary.  Secretary-treasurer  shall  give  bond.  Board  shall  adopt 
bv-laws  for  its  own  guidance  and  for  the  government  of  the  library-; 
shall  have  exclusive  control  of  the  expenditure  of  all  monies;  witli 
the  consent  of  the  aldermen  or  cnmmissinners,  thev  mav  lease,  pur- 
chase or  erect  any  api)ropriate  building,  jirovided  that  not  more 
than  one-half  the  income  of  any  one  year  be  ai)plied  for  this  purpose. 
Board  may  ap])i)int  a  library  staff,  prescribe  rules  for  their  conduct, 
lix  their  compensation;  shall  have  power  to  remove  appointees  and 
may  extend  the  privilege  of  the  librarv  to  non-residents,  upon  such 
terms  as  it  may  prescribe. 

Section  4.     Title  to  gifts: 

All  propcrt\-  gi\'en,  granted,  conveyed,  donated,  devised  or  be- 
f|ucathed  to,  or  otherwise  acf|uired  by  any  city  or  town  for  a  library 
shall  vest  in  and  be  held  in  the  name  of  such  city  or  town,  and  any 
conveyance,  grant,  donation,  devise,  bequest  or  gift  to,  or  in  the 
name  of.  any  public  library  board  shall  be  deemed  to  ha^•e  been 
made  directly  to  such  city  or  town. 

Section  5.     Acce])tancc  of  gift: 

With  the  consent  of  the  board  of  aldermen  or  town  commissioners, 
expressed  by  ordinance  or  resolution,  and  within  the  limitations  of 
this  act  as  to  the  rate  of  taxation,  the  librarv  board  may  accept 
any  gift,  grant,  devise  or  bequest  made  or  offered  bv  anv  person 
for  librar\-  inir])oses.  and  may  carrv  out  the  conditions  of  sucli 
donations;  and  the  city  or  town  in  all  such  cases  is  authorized 
to  ac(|uirc  a  site,  levy  a  tax  and  jjledge  itself  by  ordinance  or  resolu- 
tion to  a  perpetual  compliance  with  all  terms  and  conditions  of  the 
gift,  grant,  devise  or  bequest  so  accepted. 

Section  6.      Library  shall  be  free. 

Every  library  established  under  this  act  shall  be  forever  free  to  the 
use  of  the  inhabitants  of  the  city  or  town,  subiect  to  such  reasonable 
reculations  as  the  board  of  trustees  mav  adopt. 

215 


North  Carolixa — 6 

Section  7.     Reports: 

Boards  of  trustees  shall  report  annually  to  the  aldermen  or  town 
commissioners. 

Section  8.     Penalties: 

Aldermen  or  town  comnn'ssioners  shall  have  power  to  pass  ordi- 
nances imposin^^  suitahle  penalties  for  injury  to  library  property  or 
failure  to  return  library  books. 

Section  9.     Contract  for  association  library: 

If  there  exists  in  any  city  or  town  a  secular  or  non-sectarian  library, 
the  aldermen  or  town  commissioners  may  levy  the  tax  herein  pro- 
vided for,  and,  in  lieu  of  supporting:  the  public  librarv,  enter  into 
a  contract  for  the  purpose  of  providinc:  the  inhal^itants  of  the  city 
or  town  with  the  free  use  of  such  library  upon  such  conditions  as 
may  be  ag'reed  ujion  between  the  aldermen  or  town  commissioners 
and  the  society  or  corporation  having-  charge  of  said  librarv,  pro- 
vided that  all  money  paid  to  such  society  or  corporation  shall  be 
expended  solely  for  the  maintenance  of  the  library. 

Section  10.     Does  not  interfere  with  existing  libraries: 

Nothing-  in  this  act  shall  be  construed  to  abolish  or  abridge  any 
power  or  duty  conferred  upon  any  public  library  established  by 
virtue  of  any  city  or  town  charter  or  anv  other  special  act. 

SCHOOL  LIBRARIES 

L.\ws,  1911,  Chapter  89,  Education 

Section  4172.     How  established: 

Whenever  the  friends  of  any  public  school  in  which  a  library  has 
not  been  established  by  aid  of  the  state  shall  raise  and  tender  to  the 
treasurer  of  the  county  school  fund,  a  sum  of  ten  dollars  ($10)  for 
the  establishment  of  a  librarv  In  be  connected  with  such  school,  the 
county  board  of  education  shall  appropriate  to  the  general  county 
school  fund,  the  sum  of  ten  dollars  ($10),  and  shall  ai>point  one 
intelligent  person  to  be  manager  of  the  librarv.  County  board 
shall  appoint  one  competent  person,  well  versed  in  books,  to  select 
books  for  such  libraries  that  may  be  established  under  these  pro- 
visions. 

Section  4173.     Slate  board  to  contribute: 

As  soon  as  such  board  shall  have  made  an  appropriation  for  a  library 
in  the  manner  prescribed,  the  county  sui^erintendent  shall  inform 
the  secretary  of  the  board  of  education,  whereupon  the  state  board 
shall  remit  to  the  treasurer  of  the  countv  school  fund  the  sum  of 
ten  dollars. 

216 


North  Carolina — 7 

Sectiom  4174.     Books  and  c(|uii)niciit: 

Treasurer  to  order  Ixooks  ;uid  lo  iiurchase  bookcases  at  the  expense 
of  the  count}'  school  fund. 

Section  4175.     Rules  to  lie  made  by  state  suiierintendent. 

Section  417C).     Local  luana.^'ers  of  libraries  nia\-  cxchani^e  libraries. 

Section  4177.     State  aid: 

For  each  five  dollars  contributed,  the  state  Imard  of  education  shall 
remit  five  dollars. 

Section  4178.     Limits  the  number  of  libraries  which   mav    l)e    so 
established. 

Section  4179.     Appropriation: 

Makes  biennial  approj^riation  of  seven  thousand  five  hundred  dol- 
lars ($7,500.00)  for  the  fore^-oino-  punxise.     (1901). 


217 


XokTK  Dakota — 1 
NORTH  DAKOTA 

STATE  (LAW)  LIBRARY 

Laws,  Vn^,  X'm..  1 

Section  1843.     Custodian : 

Clerk  of  supreme  court  shall  have  care  and  custody  of  state  law 
library. 

Section  1844.     .\])]M-o])riatious: 

Appropriates  two  thous;uKi  ($2,000)  dollars  annuallv  for  the  ])ur- 
chase  of  books  for  tlie  state  law  library.      (  1911  ). 

Section   1845.     Librarian: 

Authorizes  the  clerk  of  supreme  court  to  em]:)loy  lil)rarian  and  as- 
sistant librarians  and  appropriates  twelve  hundred  ($1200)  dollars 
annually  therefor. 

Section  1846.     Expenses: 

Provides  for  payment  of  bills  of  verified  accounts. 

STATE  EDUCATIONAL  LIBRARY 

LAW.S,  1913,  \"o[..  1 

Section'  1454.     Ap])ro])riation: 

There  is  hereby  appro])rialed  out  of  anv  funds  in  the  state  treasury 
the  sum  of  three  hundred  ($300)  dollars  annually  for  the  purchase 
of  reference  or  pedagog;ical  books  for  the  state  educational  library 
in  the  office  of  the  su])erinicn(knt  of  i)ublir  instruction.  (Rev. 
Code.  1905,  Section  1030.  ) 

STATE  LTL.RARY  (^O^IMISSTON 

CoMi'iLKi)  Laws.  I'M 3,  \'.  1 

Section  1530.     There  is  hereby  created  a  ^tat,'  i)ublic  librarv  com- 
mission, consisting-  of  five  members.  (  \"erbalim) 

Section  1531.  (  Dininission.  Salary  of  librarian.  Conditionally 
abolishing'  coniniission : 
Governor,  state  su])erinlendent  of  public  instruction,  secretary  of 
state,  state  auditor,  and  commissioner  of  agriculture  and  labor, 
shall  constitute  the  state  librarv  commission.  Commission  shall 
appoint  an  executive  officer  to  be  known  as  secretary,  who  .shall 
receive  an  annual  salary  of  ei.t^htecn  hundred  dollars  ($1,800),  who 
shall  control  the  work  and  shall  be  director  of  librarv  extension; 
provided,  however,  that  if  this  let^'islative  assemblv  enacts  a  law 
creatinof  a  board  of  regents  to  control  all  state  educational  institu- 
tions, then  this  commission  .shall  be  abolished  and  such  bo.-ird  of 

210 


XoRTiT  Dakota — 2 

rcg'ents  shall  assume  and  take  over  all  the  duties  of  the  commission 
as  a  part  of  the  duties  of  said  br>ar(l  of  regents.  (As  amended 
Laws  1915,  Chapter  238.  Section  1.) 

Section  1532.     Term  of  office: 

INIembers  appointed  by  the  o'overnor  shall  hold  office,  one  for  foiu' 
years  from  April  1,  l0O9  and  one  for  six  years  from  April  1,  1909, 
appointments  thereafter  shall  be  made  for  six  years ;  vacancies  shall 
be  filled  for  unexpired  term  ;.  (  Repealed,  Laws  19L5,  Chapter  238, 
Section  2. ) 

Section  1533.     Expenses: 

No  member  shall  receive  anv  comi)ensation  of  anv  kind  as  such , 
members  shall  be  allowed  necessary  expenses. 

Note:  Section  (iSS  o.  appropriated  for  the  period  of  thirtv  month> 
from  January  1,  1913  to  Kdy  1,  1915,  twenty  thousand  dollars 
($20,000)  for  the  salaries  and  expenses  of  state  library  commis- 
sion.    Section  653  b.  prescribes  method  oi  payment. 

Section  1534.     Duties  of  commission.     Traveling-  libraries.     Legis- 
lative reference  bureau. 

The  commission  shall  take  over  and  add  to  the  educational  refer- 
ence library,  the  system  of  traveling  libraries;  shall  continue  and 
increase  the  same  as  its  funds  permit.  Anv  city,  town,  village, 
school  district  or  community  within  the  state  may  borrow  books 
under  the  regulations  of  the  slate  library  commission.  Commis- 
sion shall  organize,  and  make  rules  under  which  its  business  shall 
be  done. 

It  shall  establish  a  legislative  reference  bureau  for  the  information 
and  assistance  of  the  members  of  the  legislative  assembly  in  the 
work  of  legislation.  The  legislation  of  other  states  and  informa- 
tion upon  legal  and  economic  questions  shall  be  classified  and  cata- 
logued in  such  a  way  as  to  render  same  easv  of  access  to  members. 
It  shall  be  the  duty  of  the  legislative  librarian  to  assist,  in  every  way 
possible,  the  members  of  the  asseni])ly  in  obtaining  information  and 
preparing-  bills. 

Section  1535.     Advice  and  aid: 

The  librarian  or  trustees  of  anv  public  librarv.  or  the  trustees  of 
any  village,  town  or  conununitv,  mav,  without  charge,  a-k  and  re- 
ceive advice  and  instruction  from  said  commission  upon  org-aniza- 
tion,  maintenance  or  administration  of  librarie*^;  and  said  commis- 
sion shall,  as  far  as  i)ossi])le,  assist,  bv  coun'^el  and  encouragement, 
the  formation  of  libraries,  and  n^av  send  its  memliers  lo  aid  in 
this. 

Section  1536:     Statistics.     Report: 

The  commission  shall  keep  statistics  of  free  public  li])raries,  the 
record  of  work  done  and  books  loaned  by  commission  and  shail 
make  full  report  to  each  general  session  of  the  legislature. 

220 


XoRTTi  Dakota — 3 

(Note:  Constitution  of  North  Dakota  Section  55  provides  that  the 
sessions  of  the  leg^islative  asseml)ly  shall  be  biennial  except  as  other- 
wi^'e  provided  in  this  constitution.  Section  75  says  the  g'overnor 
shall  have  power  to  convene  a  Ic.^islative  assembly  on  extraordinary 
occasions). 

Section   1537.     Offices: 

There  shall  be  provided  in  the  cajjitol  building-  adequate  office  room, 
properly  equipped. 

Section  1538.     Appropriation: 

There  is  hereby  appropriated  for  the  use  and  purposes  of  the  state 
library  commission  any  unexpended  balances  in  the  fvmds  ap]jro- 
priatcd  for  the  educational  reference  library  and  travelin.<^"  libraries 
and  also  an  annual  appropriation  of  seventy-eig-ht  hundred  ($7800  j 
dollars  out  of  any  monies  in  the  state  treasury  not  otherwise  appro- 
priated. 

(Note:     Source,  Laws  of  1909,  Chap.  156.  Section  9). 
Note:     Sections  1530-1538  are  retained  as  they  prescribe  the  duties 
of  the  State  Library  Commission,  which  are  taken  over  bv  the  State 
Board  of  Regents,  provided  in  the  following'  chapter  IZI : 
The  secretary  and  director  of  library  extension  provided  in  section 
1531  is  retained  by  the  State  Board  of  Regents. 


STATE  BOARD  OF  REGENTS 

Laws,  1915,  Chapter  237 

Section  1.  State  board  of  regents.  Institutions  under  its  control: 
A  state  board  of  regents  consisting  of  five  members  is  hereby  creat- 
ed, for  the  general  control  and  administration  of  the  following  state 
educational  institutions : 

1.  State  university  and  school  of  mines.  Grand  Forks. 

2.  State  agricultural  college,  Fargo. 

3.  School  of  science,  \\  ahi)eton. 

4.  State  norm;d  schools,  \'allcv  Citv,  Ma\\ille,  Minot. 

5.  Normal  and  industrial  school,  Ellendale. 

6.  School  of  forestry,  Bottineau. 

7.  .Such  other  state  educational  institutions  as  may  be  hereafter 
established. 


m 


North  Dakota 

Section  2.     ^M^o  appointed.     Qualifications.     Terms: 

Shall  consist  of  five  menil:)crs,  electors  and  tax-payers,  appointed  for 
fitness,  one  member  and  not  more  than  two  from  each  congressional 
district ;  not  more  than  one  member  from  one  county :  not  more  than 
one  graduate  of  any  institution  under  its  charge;  no  person  who 
has  been  connected  with  any  institution  under  its  charge  within 
two  years  shall  be  eligible. 

Governor  to  appoint,  with  consent  of  the  senate.  Terms  after  first 
appointment  to  be  for  six  3'ears.  Board  shall  organize,  elect  a 
president  of  its  number,  and  a  secretary  at  a  salary  not  to  exceed 
two  thousand,  five  hundred  dollars  (§2,500)  per  annum. 

Section  3.     Vacancies: 

Governor  may  remove  any  member  for  cause,  and  shall  fill  vacancies 
in  same  manner  as  first  appointments. 

Section  4.     Oath  of  office.     Bond : 

Members  shall  qualify  by  taking  oath  and  giving  bond  of  ten  thous- 
and dollars  ($10,000)  approved  by  the  governor,  the  premium  for 
which  shall  be  paid  by  the  state. 

Section  5.     Compensation: 

Members  shall  receive  seven  dollars  ($7)  per  day,  and  necessary 
traveling  expenses  while  attending  meetings  or  performing  special 
duties  directed  by  the  board. 

Section  6.  Board  shall  have  offices  in  capitol  building,  and  neces- 
sary equipment,  supplies  and  clerical  assistance. 

Section  7.  Specifics  the  duties  of  the  board  towards  the  institu- 
tions under  their  charge ;  provides  for  a  commissioner  of  education 
at  a  salary  not  over  five  thousand  dollars  ($5,000).  Board  shall 
report  biennially  to  the  governor. 

Section  8.     INIeetings: 

Board  shall  hold  annual  meeting  in  lii.smarck,  quarterly  meetings 
in  various  institutions  under  their  charge,  special  meetings  upon 
call. 

Section  9.     Provides  for  payment  of  expense  bills. 

Section  10.  Appropriates  eighteen  thousand  dollars  ($18,000) 
annually. 

Section  11.     Repeal: 

Existing  laws  relating  to  the  institutions,  which  are  not  inconsist- 
ent witii  the  provisions  of  this  act,  shall  remain  in  full  force;  and 
all  acts  or  parts  of  acts  in  conflict  with  or  inconsistent  with  this  act 
are  hereby  repealed. 

222 


North  Dakota — 5 

Section  12.     Emerg-encv: 

States  that  an  emers'ency  exists,  and  avithorizes  the  board  to  take 
fnll  control  July  1,  1915.  (Approved  Alarch  4,  1915). 

FREE  LIBRARIES  IN  CITIES  AND  VILLAGES 

CoMPiLKn  Laws,  1913,  \'ol.  1 

Section  4007.     Library  fund: 

City  council  of  each  city  not  exceedino;'  in  population  fifty  thousand 
and  each  villag-e  or  township  board  of  every  villa^-e  and  township 
containing-  over  four  hundred  inhabitants,  shall  have  power  to  es- 
tablish and  maintain  a  inililic  library  and  reading-  room,  and  for 
such  purpose  may  annually  levy  a  tax  not  exceedin<^-  four  milL 
on  each  dollar  for  such  a  library  fund  which  shall  be  kept  separate 
and  used  exclusively  for  such  iHn-iwse ;  provided :  that  no  library 
shall  be  established  without  first  receiving-  the  approval  of  a  ma- 
jority of  the  electors  of  such  cit}-,  village  or  township,  voting  on 
such  question  at  any  general  election  at  which  it  mav  he  submit- 
ted to  a  vote. 

Section  4008.     Directors :     Appointment : 

For  the  government  of  such  library  and  reading  room,  there  shall 
be  a  board  of  five  directors,  appointed  from  the  citizens  of  such 
city,  village,  or  township,  of  both  sexes,  who  shall  be  ap])ointecl 
by  the  board  of  education,  or  school  board  of  such  city,  or  village, 
or  where  there  is  no  incorporated  city  or  village,  by  the  supervisors 
of  such  township  and  there  shall  be  one  member  of  such  board 
of  education  or  school  board  or  board  of  supervisors,  appointed 
as  one  of  the  directors  of  such  library.  Such  directors  shall  hold 
office  for  three  years,  but  upon  their  first  appointment,  one  shall 
hold  office  for  one  year,  two  for  two  years  and  two  for  three  years. 
Vacancies  shall  be  filled  in  the  same  way.  No  compensation  what- 
ever shall  be  paid  or  allowed  anv  director  in  such  official  capacity. 

Section  4009.     Duties  and  powers: 

Directors  shall  organize  by  electing  from  their  own  number  a  jiresi- 
dent  and  a  secretary,  shall  make  rules  and  regulations,  shall  ha'vc 
exclusive  control  of  exjx'nditurcs,  the  sui>erA-ision  and  custody  of 
all  library  ])ro])erty;  may  with  the  ai)proval  of  the  board  of  educa- 
tion, school  board  or  township  sui)ervisors,  l)uil(l,  lease  or  purchase 
an  ai)propriate  building  and  a  siic  ibercfor,  not  howe\cr,  cniplo}'- 
irig  in  such  purchase  or  building  more  than  one-half  die  income  of 
one  year. 

Section  4010.     Kcgulaiion: 

Every  library  and  reading  room  establislicd  under  this  ,-irticle  shall 
be  forever  free  for  the  use  of  the  inhabitanls  of  llie  cit\-,  \illage.  or 

223 


North  Dakota — 6 

township  where  located.  sui)jcct  to  reasonable  rules  and  re^:;jula- 
tions  of  the  directors. 

Section  4011.     Report: 

Directors  shall  report  annually  to  the  board  of  education,  school 
board  or  board  of  supervisors. 

Section  4012.     Donations: 

All  persons  desirous  of  makin;^-  donations  of  money,  books,  per- 
sonal property  or  real  estate  for  the  benefit  of  such  library  shall 
have  the  right  to  vest  the  same  in  the  board  of  directors,  to  be  held 
and  controlled  by  such  board  when  accented,  for  the  use  of  such 
library  and  readinp;'  room  and  as  to  such  accepted  property,  said 
board  shall  be  held  and  considered  to  be  special  trustees. 

(Verbatim) 

Section  4013.     Appropriation  of  funds: 

Provides  that,  to  aid  the  org-anization  of  a  library  in  any  city,  vil- 
lage or  township  where  funds  have  been  given  or  a  library  or- 
ganized, the  city  council  or  village  trustees  are  authorized  to  ap- 
propriate additional  funds  and  organize  a  lilirary  under  the  con- 
ditions of  this  law. 

SCHOOL  LIBRARIES 
Laws,  1915,  Chapter  132 

Section  1176  of  the  Compiled  Laws  of  North  Dakota,  1913  is  hereby 
amended  and  re-enacted  to  read  as  follows : 

Section  1176:  Provides  that  the  district  school  board  shall,  wath 
the  approval  of  the  county  superintendent,  provide  each  .school 
necessary  apparatus  including  a  dictionary  recognized  as  a  stand- 
ard; that  it  shall  appropriate  not  less  than  ten  nor  more  than  twenty- 
five  ($25.00)  dollars  for  each  school  having  a  school  library,  books 
to  be  selected  from  a  list  authorized  by  the  superintendent  of  public 
instruction;  books  shall  be  bound,  provided  that  when  the  school 
library  has  two  hundred  books  it  shall  be  obliged  to  expend  therefor 
five  ($5.00)  dollars  annuallv,  when  it  has  three  hundred  volumes, 
school  board  shall  not  be  obliged  to  increase  the  number,  but  shall 
keep  the  books  in  good  condition  or  replace  them. 

Section  1177.     Care  of  library.     Librarian: 

The  di.strict  school  board  shall  have  the  custodv  of  the  librarv,  may 
appoint  a  librarian,  make  rules  for  the  use  of  thj  librarv,  impose 
penalties  for  injury  to  books,  may  exchange  anv  or  all  of  the  library 
with  other  districts,  niav  accept  donations,  but  it  shall  exclude 
therefrom  all  iiooks  unsuitcd  tn  the  cultivation  of  good  character, 
and  good  morals  and  manners,  and  no  sectarian  publication  de- 
voted to  the  discussion  of  sectarian  differences  and  creeds  shall  be 
admitted  to  the  librarv;  shall  be  held  accountable  for  the  care  of 
the  lil)rary  and  shall  report  annuallv  to  thj  countv  superintendent. 

224 


Ohio— 1 
OHIO 

LIBRARY  COMMISSION— STATE  IJP.R.KRY 

Annotated  General  Code,  1912 

Section  788.     State  l)oard  of  lil)rarv  cdniniissioncrs: 

State  board  of  library  cDmniissiDiiers  shall  l)e  coniiwised  of  three 
ineinbers.  The  o-overnor  l)ienniallv,  with  eonsent  of  the  senate,  shall 
ajipoiiit  one  commissioner  for  a  term  of  six  years.  \'acancies  shall 
l)e  idled  in  the  same  way.  Mem1)ers  of  the  lioard  shall  receive  no 
compensation. 

Section  789.     Lil)rarian.     Rules: 

Library  commissioners  shall  have  tlie  mana^-emcnt  of  state  lilirarv, 
shall  appoint  and  remove  the  lil^rarian  with  the  consent  of  the  gov- 
ernor and  with  the  consent  of  the  librarian  shall  ai^iioint  the  assist- 
ants who  shall  serve  durin,^,-  the  pleasure  of  the  board;  shall  make 
rules  for  the  g'overnment  and  use  of  the  librarv. 

Section  790.     Bonds: 

Librarian  shall  .t^'ive  bond  for  ten  thousand  ($10,000.00)  dollars  and 
each  assistant  for  one  tliou^and  ($1,000.00)  dollars. 

Section-  791.     Secretary: 

Librarian  shall  he  secretary  of  the  board  and  shall  i^erh^rm  the 
duties  ]K'rtaininit;-  to  that  office. 

Sixtiox  7'J2.      l)ulies  of  librarian: 

Librarian  shall  have  chare,-e  of  the  state  librarv,  shall  enforce  the 
rules  established  by  the  y-eneral  asseniblv  and  the  librarv  commis- 
sioners. 

.SEtTio.N"  793.      lnff)rmation  to  libraries: 

Upon  rec|uest  of  the  librarian  or  trustees  of  ;i  i)ublic  librarv  or  i)er- 
sons  interested  in  establishing;'  a  librarv.  the  commissioners  shrdl  fur- 
nish advice  and  information  concerning;'  the  or!.;anization.  mainte- 
nance and  administration  of  such  libr.'irw 

.Sectio.x  7''4.      l.ibrarv  or.!L;anizer  : 

The  librarv  comim'ssioners  mav  appoint  a  lil)rar\-  ori;\anizer.  who 
shall  kee])  informed  of  the  condition,  scoi)e  and  methods  of  the  vari- 
ous public  libraries  in  the  slate,  visit  them  as  occasion  mav  re(|uire, 
,Cfive  advice  and  information  when  requested,  and  as  far  ;is  i)raclic- 
al)le,  assist  in  jiromotin^"  and  est.'iblisbint;-  new  libi'aries;  ^hall  rejiort 
annuallv  to  the  board. 

Si;i  tiox  7*'.r     ICxchanses: 

Library  commissioners  shall  ;irr;in"e  to  exchanyv  slate  i)ublications 

225 


Otfio— 2 

for  like  iniblicalions  of  other  states,  nations,  societies  or  individuals. 
Statute  laws  so  received  shall  be  transferred  to  the  state  law  library. 

Section  796.     Publications : 

Library  commissioners  may  forward  coj^iies  of  the  publications  of 
the  state  to  anv  university,  collec^e,  public  librarv,  etc. 

Section  797.     Expenses: 

The  library  commissioners  shall  direct  the  expenditure  of  appropria- 
tions for  the  maintenance  and  support  of  the  state  library.  They 
may  expend  not  exceeding-  one  thousand  ($1,000.00)  dollars  each 
year  for  incidental  expenses. 

Section  798.     Report: 

Library  commissioners  shall  make  an  annual  report  to  the  gover- 
nor. 

LEGISLATIVE  REFERENCE  LIBRARY 

Section  798-1.     Creation: 

There  is  hereby  created  in  connection  with  the  state  librarv  a  legis- 
lative reference  and  information  department  for  the  use  especially 
of  the  general  assembly,  the  various  state  officers  and  such  other 
persons  as  may  desire  to  consult  the  same. 

.Section  798-2.     Legislative  reference  librarian: 

The  librarv  commissioners  shall  a])))oint  an  assistant  who  shall  be 
known  as  the  legislative  reference  librarian,  shall  have  charge  of 
the  said  department  under  the  sui)ervision  of  the  state  librarian. 
They  are  authorized  to  ai)i)()int  such  other  assistants  as  mav  be 
required. 

Section  798-3.     Duties: 

The  legislative  reference  librarian  shall  index  and  make  available 
the  information  in  the  various  public  documents,  shall  comi)ile  and 
make  accessible  information  on  current  legislation  in  other  states 
and  countries,  shall  furnish  assistance  to  the  members  of  the  general 
assembly  in  the  preparation  and  formulation  of  bills  and  jierform 
such  other  duties  as  may  be  prescribed. 

Section  798-4.     Bills,  etc. : 

At  the  close  of  each  session  of  the  assemblv  the  clerk  of  the  assembly'- 
and  the  clerk  of  the  house  shall  deliver  coi)ies  of  bills,  resolutions, 
])etitions.  memorials  and  other  legislative  documents  to  the  Icgisla- 
tiv^e  reference  librarian. 

Section  798-5.     Exi^enditurc: 

The  librarv  commissioners  may  expend  in  the  cquiiimcnt  of  the 
legislative  reference  dei)arlment  not  to  exceed  one  thousand  dollars 

226 


Otito— 3 

and  for  its  maintenance  such  sums  as  the  ".•cneral  assembly  sliall 
from  time  to  time  determine. 

COUNTY  LTRRARTES 

Section  2454.     Bequests: 

The  county  commissioners  may  receive  a  bequest  or  "^ift  of  a  build- 
ing-, money  or  property  wherewith  to  construct  a  buiklino-  or  to 
furnish  and  equip  a  county  public  library.  Thev  ma^■  accept  the 
gift  of  a  library  or  its  use  for  a  term  of  years  or  permanently  and 
may  agree  on  behalf  of  such  county  to  provide  and  maintain  such 
library. 

Section  2455.     Contract  for  use  of  library: 

,\  library  association  or  other  organization  owning  or  having  con- 
trol of  a  library,  or  a  board  of  trustees  having  control  of  a  library 
free  to  the  whole  or  a  part  of  the  county,  may  contract  with  the 
county  commissioners  for  the  use  thereof  by  the  peo))le  of  such 
county. 

Section  2456.     Tax  for  maintenance : 

A  county  accepting  such  bequest  or  gift,  or  entering  into  such  agree- 
ment, shall  faithfully  maintain  such  library.  Each  year  the  com- 
missioners thereof  may  levy  a  tax  not  to  exceed  one-half  mill  on  each 
dollar  of  taxable  property  in  such  county.  The  fund  deriyed  there- 
from shall  be  known  as  the  "library  fund,"  and  used  only  for  the 
liur])osc  ci>ntemi)lated  in  this  section. 

COUNT\'  I.A\A'  Lir.RARTES 

Sectio.x  3054.      Libr.'U'ian : 

In  all  counties  in  which  there  is  a  law  library  association  which 
furnishes  to  the  county  officers  and  the  judges  of  the  several  courts 
of  the  countv  admission  to  its  library  free,  when  the  trustees  ai)i)oinl 
a  lijjrarian,  the  judges  .shall  fix  his  comi)ensation  which  shall  l)e  i)aid 
from  the  county  treasury.  In  counties  haxdng  not  more  than  one 
judge,  such  compensation  .shall  not  exceed  five  hundred  dollars  per 
annum. 

Section  3055.     Rooms: 

County  commi.-sioners  shall  ])royide,  at  the  expense  of  the  countv,  a 
room  or  rooms  with  furniture  in  tlu'  county  Cfiurt  house,  or  if  ihi- 
is  ni>t  i)r,'iclic.i])le,  in  some  olhcr  rooms  at  the  rouni\-  seal  and  shall 
heat  and  light  them.  Properly  ol"  law  lilirarv  associations  shall  be 
exempt  from  taxation. 

Section  3056.     Allowances: 

Eines  and  penalties  assessed  and  collccled  in  the  i)olice  courl  and  the 

227 


On  TO 

court  of  common  pleas  with  certain  deductions,  shall  he  used  for 
the  support  of  a  law  lihrarv. 

Sectiox  3057.     Use  of  lihrarv: 

Jvistices  of  the  peace,  officers  of  the  townshiix  villag^es  and  cities  in 
the  county  shall  have  free  use  of  the  hooks. 

Section  3058.     Report : 

Trustees  shall  rei)ort  annuallv  to  the  auditor. 

LIDR.ARir-.S  IX  TOWNSHIPS 

Section  3403.     Petition: 

On  a  petition  of  twenty  electors  published  four  weeks,  trustees  of 
the  township  shall  submit  to  the  electors  at  the  o:eneral  election  in 
November,  the  question  whether  there  shall  be  a  public  lihrarv  es- 
tablished in  the  townshiji  for  the  use  of  the  citizens  thereof. 

Section  3404.     Election.     Tax: 

If  a  majority  of  the  voters  votint;-  at  such  election,  vote  in  favor 
thereof,  the  trustees  may  annually  levy  a  tax  not  to  exceed  one  mill 
to  be  applied  for  the  establishment  and  maintenance  of  the  library. 

Section  3405.     Trustees: 

Township  trustees  shall  ai:)point  three  trustees  of  the  said  library 
and  confer  upon  them  all  necessary  authority.  The  library  trustees 
shall  prescribe  rules. 

Section  3406.     The  transfer  of  school  libraries: 

Local  boards  of  education  mav  transfer  books  of  the  schodl  libraries 
to  the  township  library. 

Section  3407.     Use  of  private  lihrarv. 

The  township  trustees  may  lew  annuallv  onedialf  mill  and  iiav  it 
to  a  private  association  which  maintains  a  free  lihrarv  for  the  bene- 
fit of  the  inhabitants  of  the  township  as  compensation  therefor. 

Section  3408.     Report: 

Township  trustees  shall  rei|uirc  the  treasurer  of  such  association  to 
make  an  annual  report. 

Section  3409.     Funds: 

On  the  certificate  of  the  county  auditor  the  townshi])  clerk  shall  cause 
to  be  transferred,  the  funds  to  the  treasurer  of  the  library  associa- 
tion. 

Section  3410.      I)i-iri])U'ion  of  i)ro])crtv: 

If  at  anv  time,  such  library  corix)ration  ceases  to  exist  or  fails  to 
provide  a  free  public  lilirary.  the  books  and  other  propertv  accumu- 

22cS 


Ohio — 5 

latcd  from  the  proceeds  of  the  levy  shall  become  the  property  of  the 
township. 

SCHOOL  DISTRICT  LIBRARIES 

Section  7631.     Establishment: 

Board  of  education  of  any  municipality,  township  or  school  district 
may  provide  a  public  library  free  to  all  the  inhabitants  thereof.  It 
may  acquire  the  necessary  real  property,  may  erect  a  buildin.s:,  may 
acquire  the  property  of  a  library  association,  may  receive  donations 
and  bequests,  may  maintain  libraries  now  in  existence  and  controlled 
by  the  board. 

Section  7632.     Levy: 

Such  board  of  education  may  make  a  levy  annually  of  not  to  exceed 
one  mill  for  library  fund  to  be  exi)ended  bv  the  l)oar(l  for  such 
library. 

Section  7633.     One  library  in  two  or  more  districts : 

^^'hen  a  donation  or  bequest  is  made  to  two  or  more  school  districts 
jointly  and  the  money  so  donated  expended  in  the  purchase  of  a  site 
and  the  erection  of  a  building",  the  provisions  of  this  subdivision 
shall  apply.  In  such  case  the  board  of  education  of  each  of  the 
districts  annually  may  levy  not  exceeding-  one  mill  for  the  mainte- 
nance of  such  library,  and  the  library  building-  may  be  located  at  a 
convenient  ])lace  in  either  district. 

Section  7634.     Trustees: 

Control  of  such  building,  library  and  expenditure  of  all  nionevs  shall 
be  vested  in  a  board  of  six  trustees,  three  to  be  appointed  by  each  of 
the  boards  of  education  for  a  term  of  five  vears.  They  may  ser\'C 
without  compensation.    Vacancies  to  be  filled  in  the  same  way. 

Section  7635.     Library  board: 

I'oard  of  education  may  provide  for  the  management  and  coiUrol 
of  such  library  by  a  board  of  trustees  to  be  cL'cted  by  it  as  herein 
provided. 

Section  7636.     Creation: 

Such  board  of  library  trustees  shall  consist  of  seven  members,  resi- 
dents of  the  school  district.  No  one  who  is  or  has  been  for  a  year 
previous  a  member  of  said  board  of  education  is  eligil)le.  Term  of 
office  seven  years;  term  of  one  member  expiring  each  year;  vacan- 
cies filled  in  the  same  way  for  ibe  unexpired  term;  numbers  to  serve 
without  comiiensation. 

Skctio.v   7637.     Lowers: 

Such  library  board  shall  huld  title  tf)  and  cinUri)]  all  libraries 
branches,  stations,  reading  rooms,  all  library  proi)erly  real  and  i)cr- 

229 


Ohio — 6 

sonal  of  such  scliool  district  and  the  expenditure  of  all  moneys  re- 
ceived from  any  source  for  Hbrary  purposes.  It  may  employ  a 
librarian  and  assistants,  but  previous  to  such  employment  their 
compensation  shall  be  fixed. 

Section  7638.     Powers,  continued : 

Such  board  may  by  a  two-thirds  vote  of  its  members,  purchase  or 
lease  grounds  and  buildings  and  erect  buildings.  It  may  aj^propri- 
ate  land  for  library  purposes  if  the  owner  and  board  can  not  agree 
upon  terms.  It  may  dispose  of  land ;  convevances  shall  be  executed 
in  the  name  of  the  board  by  its  president  and  secretary.  It  may  put 
any  surplus  into  the  building  fund.  It  may  accept  any  gift,  devise 
or  bec[uest  for  the  benefit  of  such  library.  No  member  of  the  lil^rary 
board  shall  be  interested  directly  or  indirectly  in  any  contract  made 
by  the  board.     It  shall  report  annuallv  to  the  board  of  education. 

Section  7639.     Tax  levy: 

Such  board  shall  certify  annually  in  the  month  of  May  to  the  board 
of  education,  the  amount  needed  for  the  library  during  the  ensuing 
A'car.  The  board  of  education  shall  levy  annuallv  such  assessment 
iiot  exceeding  one  and  one-half  mills,  as  shall  be  necessarv  to  realize 
without  re<hKtion,  the  sum  so  certified. 

Section  7640.     Payment: 

Proceeds  of  the  tax  shall  be  designated  as  library  fund  and  payments 
made  upon  the  warrant  of  the  trustees,  signed  bv  the  president  and 
secretary. 

Section  7o41.     Contract  with  library  corporation: 

The  board  of  education  of  any  municipality,  township  or  school  dis- 
trict may  contract  annually  with  any  library  corporation  maintain- 
ing the  librarv,  or  with  any  board  of  trustees  having  control  of  the 
library,  for  use  of  such  library  for  residents  of  such  district  and 
annually  may  levy  a  tax  not  exceeding  one  mill  to  pav  therefor. 

Section  7642.     School  library: 

The  board  of  education  of  anv  school  district  in  which  there  is  not 
a  i)ul)lic  library  annually  may  apiM'oi^riate  not  to  exceed  two  hundred 
and  fifty  ($250.00)  dollars  for  the  purchase  of  books,  other  than 
school  books  for  the  use  of  teachers  and  pupils  of  such  school  dis- 
trict. Books  so  purchased  shall  constitute  a  school  li])rarv.  the  con- 
trol of  which  shall  he  in  the  board  of  education,  which  niav  receive 
donations  and  bec|uests  therefor. 

Section  7643.     Museum: 

The  board  of  education  of  any  school  district  or  the  board  of  trus- 
tees of  a  library  in  any  school  district  mav  found  and  maintain  a 
museum  in  connection  with  such  librarv  and  for  such  i)urpose  may 
receive  be(iuests  and  donations  of  money  or  property. 

230 


Ohio— 7 

Note:  Among-  the  libraries  ojjerated  under  sections  7635-7640 
are  two  of  the  largest  in  the  state.  Cleveland  and  Dayton.  Dayton 
has  also  a  museum  under  Section  7643. 

CINCINNATI  LIBRARY 

Section  14993.  Every  resident  of  the  county  within  which  is  situated 
any  city  of  the  first  grade  and  first  class  having-  therein  established 
a  |nil)]ic  lilirary,  shall  be  entitled  to  free  use  of  such  library  on  such 
terms  not  inconsistent  herewith  as  the  trustees  mav  prescribe. 

Skc'tio.v  14' ^'^U.      Powers  of  trustees: 

Trustees  of  such  library  shall  have  charge  and  control  of  the  public 
liljrary  including  all  pro])erty,  shall  make  rules  and  regulations,  shall 
control  the  library  fund  and  its  expenditure,  shall  have  jDOwer  and 
it  shall  be  their  duty  to  estal)lish  in  such  citv  and  throughout  the 
county,  reading-  rooms,  branch  libraries,  library  stations  and  to 
pay  all  necessary  expenses  connected  therewith;  shall  have  power 
to  purchase  books,  periodicals,  supplies,  etc.,  to  employ  a  library  staff 
and  fix  their  compensation  and  the  term  of  their  employment. 

Skctiux  149')5.      Liljrary  fund: 

The  said  board  of  trustees  may  levy  annually  a  tax  not  exceeding- 
five-tenths  of  a  mill  on  each  dollar  valuation  of  the  taxable  property 
of  the  county  wherein  is  situated  such  city.  Tax  so  collected  shall 
form  a  fund  known  as  the  "library  fund,"  deposited  with  the  county 
treasurer  and  drawn  upon  the  requisition  of  the  board  of  trustees. 

Sectiox  14996.     h'urtlier  jirovisions: 

Describes  at  length  the  method  of  collection  and  expenditure  as 
controlled  bv  other  sections  of  the  statutes. 

Section  14' ''^7.     Funds  ])reviously  raised: 

Provides  that  funds  already  in  existence  when  this  act  goes  into 
effect  shall  be  transferred  to  the  jmblic  library  fund  i)rovided  by 
this  act. 

Section  14998.     Inelig^ibility : 

No  member  of  anv  ajjpointing  board  shall  ])e  aiii^oinlcd  a  member  ot 
said  library  board. 

Section  14*W9.     Carneg-ie  donation  : 

That  the  board  of  irnslees  of  the  i)ublic  li])rar\-  of  the  school  district 
of  Cincinnati  be  and  it  is  herebv  authorized  to  receive  and  accept 
said  donation  of  Andrew  Carne'-iie.  ujion  the  terms  and  conditions 
llierein  e\i)rcssed.  The  liranch  libraries  constructed  under  the  pro- 
visions of  said  donation  to  be  bv  said  librarv  trustees  and  their  suc- 
cessors. e(|uipi)ed.  furnished  and  maintained  and  forever  kept  open 
for  the   fi-ee  use  of  the  public. 

2.31 


Ohio— 8 

Note:  This  section  with  15003  and  15001  followino-  were  passed 
May  9,  1902.  They  provide  for  the  acceptance  of  INIr.  Carnegie's 
gift  for  branch  libraries. 

Section  15000.     Bonds  for  sites: 

Provides  for  the  sale  of  bonds  to  the  amount  of  one  hundred  and 
eighty  thousand  ($180,000.00)  dollars  to  furnish  sites  for  branch 
libraries. 

Section  15001.     Powers  of  trustees  as  to  sites: 

Gives  trustees  the  right  by  two-thirds  vote,  to  purchase  or  lease 
land  for  sites. 

Section  15002.     Exemptions: 

All  property  real  and  personal  vested  in  such  library  board  or  used 
for  library  purposes  shall  be  exempt  from  taxation  and  from  sale  on 
execution  or  any  writ  or  order  in  the  nature  of  an  execution. 

Section  15003.     Donations: 

Said  trustees  shall  have  the  right  to  receive  and  accept  donations 
of  land,  money  or  other  thing  of  value  and  to  invest,  use  or  dispose 
of  the  same  in  the  interest  of  the  library. 

Section  15004.     Trustees  to  control  fund: 

Said  trustees  shall  have  control  and  disbursement  of  the  fund  for 
library  sites. 

Section  15005.     Organization: 

Said  trustees  shall  choose  from  their  number,  president,  vice  presi- 
dent, secretary-treasurer  and  may  select  a  depositary  within  said 
city,  which  shall  be  a  national  bank  or  trust  comi)any  and  may  con- 
tract for  the  safe-keeping  of  funds  and  the  ])avnienl  of  interest  there- 
on. 

Section  15060.     Appointment  of  Cincinnati  liltrarv  board: 

First  part  providing  for  election  of  board  of  managers  is  obsolete. 
TIic  following  applies  to  Cincinnati:  I'rovided  that  in  cities  of  the 
first  grade  and  the  first  class,  there  shall  be  appointed  *  *  --^ 
a  board  of  trustees  of  said  library  consisting  of  seven  persons 
as  follows:  Two  by  the  board  of  education  of  the  school  district, 
two  by  the  board  having  charge  of  high  schools,  two  by  the  directors 
of  the  tmiversity  and  one  by  the  judges  of  the  court  of  common 
pleas  of  the  county  [Hamilton  Co.].  Terms  to  be  three  years.  All 
vacancies  to  be  filled  bv  respective  boards  liaving  power  of  appoint- 
ment. 

MUNICIPAL  LIBRARIES 

Section  4004.  Construction,  enuiiMncnt,  control  and  administration 
of  free  pulilic  library  estal)Hshcd  In-  municipal  cori)orations  shall 
be  vested  in  six  trustees,  not  more  than  three  of  whom  shall  l^elong 

232 


Ohio— 9 

to  the  same  ])()litical  i)arty,  and  not  more  than  three  of  whom  sliall 
be  women.  Sucli  trustees  shall  he  appointed  by  the  mayor  to  serve 
without  compensation  for  a  term  of  four  years  and  until  their  suc- 
cessors are  appointed,  in  the  first  instance  three  of  such  trustees 
shall  be  appointed  for  a  term  of  two  years  and  three  for  a  term  of 
four  years,    ^'acancies  .shall  be  filled  in  like  manner. 

Section  4005.     Powers  of  trustees: 

Such  trustees  shall  emi)loy  a  staff,  fix  compensation,  adoi)t  neccssarv 
re.s^ulations,  exercise  all  i)owers  and  duties  connected  with  the  gov- 
ernment, operation  and  maintenance  of  the  librarv.  Four  trustees 
shall  constitute  a  f|Uorum  and  four  votes  shall  be  necessary  to  pass 
any  measure  to  authorize  any  act.  In  the  making:  of  contracts,  the 
trustees  shall  be  governed  by  the  provisions  of  law  aiii)licable  thereto. 

Section  4006.     \\'omen  may  be  members : 

Any  women  born  or  naturalized  in  the  United  States,  of  the  age  of 
twenty-one  years  or  upward  and  resident  of  the  state  at  least  one 
year,  and  in  the  municipality  at  least  thirty  days,  shall  l)e  f|ualified 
to  serve  as  trustee. 

LIBRARY  ASSOCIATIONS 

Section  4019.  The  council  of  each  city  may  levy  not  to  exceed  one 
mill  and  pay  it  to  a  private  corporation  or  association  maintaining  a 
free  public  library,  for  the  benefit  of  the  inhabitants  of  the  nmnici- 
])ality  as  comi)ensation  therefor.  The  covmcil  shall  require  the  trcas- 
TU"er  of  the  corporation  or  association  to  make  an  annual  financial 
report. 

LIBRARV  BUILDING  FUND 

.Section  4007.     Bonds: 

Anv  public  librarv  board  charged  l)v  law  with  the  title,  custody, 
control  and  maintenance  of  a  jtublic  library,  may  issue  bonds  with 
interest  coupons  attached  to  provide  buildings  for  the  public  librarv 
in  their  charge  and  to  furnish  them.  In  anticii)ation  of  the  income 
from  such  taxes  levied  from  time  to  time  the  board  may  issue  and 
sell  bonds  bearing  interest,  payable  semi-annually  at  a  rate  not  to 
exceed  five  per  cent  and  in  such  sums  and  at  such  times  as  the 
board  determines. 

Section  4008.     Record.     Limit: 

The  secretary  of  the  l)oard  shall  keep  a  record  of  the  bonds  sold. 
11ie  bonds  shall  not  be  sold  for  less  than  i)ar  value.  The  library 
board  shall  pay  such  bunds  and  interest  when  due,  but  the  total  issue 
shall  not  exceed  three  and  one-half  mills  on  the  dollar  of  the  tax 
du])licate  of  the  district  ui)on  which  taxes  are  levied  for  the  sui)i)ort 
of  such  library. 

2.33 


Ohio— 10 

Section  4009.     Order  for  issue : 

The  order  to  issue  such  bonds  shall  be  made  onl}'  at  a  regular  meet- 
ing of  the  board  and  by  a  vote  of  two-thirds  of  all  the  members 
thereof,  taken  by  yeas  and  nays  and  entered  on  the  journal  of  the 
board. 

Section  4010.     Advertisement: 

Such  bonds  shall  be  sold  to  the  highest  bidder  after  being  adver- 
tised once  a  w^eek  for  four  consecutive  weeks. 

Section  4011.     Advertisement: 

The  advertisement  shall  give  full  details  and  the  privilege  shall 
be  reserved  to  reject  all  or  any  bids.  Premiums  as  well  as  jirin- 
cipal  shall  be  credited  to  the  fund  on  account  of  which  they  are  sold. 

Section  4012.     Election: 

No  order  for  the  issue  of  such  bonds  shall  become  operative  until 
the  ((uestion  of  such  issue  has  been  submitted  to  the  qualified  electors 
of  the  district  maintaining  the  library,  at  a  general  or  sjiecial  elec- 
tion and  has  been  approved  liy  a  majority  of  the  voters  voting  thereon 
at  such  election. 

Section  4013.     Levy  for  payment  of  bonds: 

For  the  purpose  of  creating  a  sinking  fund  for  the  extinguishment 
of  the  bonds  thus  provided  for,  the  library  board  each  year  may  levy 
a  tax  not  to  exceed  two  and  one-half  tenths  of  a  mill. 

Section  4014.     Sinking  fund  : 

There  shall  be  created  in  each  such  taxing  district  a  Ijoard  of  trustees 
of  the  library  sinking  fund  who  shall  have  control  of  all  moneys 
and  securities  for  the  payment  of  interest  ui^on  and  the  redemption 
of  bonds  heretofore  issued  under  the  authority  of  this  chai)ter.  Such 
board  shall  be  composed  of  three  citizens  of  the  taxing  district,  to 
be  appointed  by  the  court  of  common  pleas.  The  first  ai)i)oinlment 
shall  be  one  for  one  \ear,  one  for  two  years,  one  for  three  years  and 
thereafter  for  three  years.  \'acancies  shall  be  filled  in  the  same 
way. 

Section  4015.     Bond: 

Before  assuming  the  duties  (A  his  office,  each  member  shall  give 
bond  equal  to  two  per  cent  of  the  amount  of  the  bonds  issued  by  the 
lil)rary  board. 

Section  4016.     Organization: 

Sinking  fund  trustees  shall  organize:  the  library  board  shall  jiro- 
vide  a  place  of  meeting:  they  shall  meet  semi-annually  and  addi- 
tional meetings  may  be  called.  Their  proceedings  shall  be  recorded 
in  a  journal,  open  to  the  inspection  of  the  librarv  board  and  all 
questions  shall  be  decided  bv  vote  and  the  name  of  each  member 

234 


Ohio— 11 

recorded  on  the  journal.  No  question  shall  be  decided  unless  ap- 
proved Ij}-  a  majority. 

Section  4017.     Rate  of  Tax: 

In  the  month  of  May,  the  trustees  of  the  sinkin.a^  fund,  shall  certify 
to  the  library  board  the  rate  of  tax,  not  exceeding-  the  legal  limit, 
necessary  to  provide  a  sinking  fund  and  tlie  lil^rary  board  shall  levy 
the  amount  so  certified. 

LIMITATIOX  ON  TAX  RATE 

Anxotated  Gexicral  Cook,   1912 

Sectiox  5640-1.  In  any  taxing  district,  the  taxing  authority  shall 
levy  a  tax  sufficient  to  provide  for  sinking  fund  and  interest  pur- 
poses. (A^erbatim) 

.Section  5649-2.  Except  as  otherwise  provided  in  Sections  5649-4 
and  5649-5,  the  aggregate  amount  of  taxes  that  mav  be  levied  in 
any  taxing  district  for  the  year  1911  and  anv  year  thereafter,  in- 
cluding the  taxes  levied  under  the  atUhoritv  of  Section  5649-1,  shall 
not  in  any  one  year  exceed  in  the  aggregate,  the  amount  of  taxes 
that  were  levied  in  such  taxing  district  in  the  year  1910;  jirovidcd 
that  the  maximtim  rate  of  taxes  for  all  puriioses  shall  not  in  any 
one  year  exceed  ten  mills  on  each  dollar,  and  such  levies  in  addition 
thereto  as  may  be  necessary  to  provide  for  anv  inde1)tedness  here- 
tofore incurred,  or  for  any  indebtedness  that  mav  hereafter  be 
incurred  by  vote  of  the  i^eojile. 

Section  5649-3.  The  maximum  rate  of  taxation  in  any  taxing 
district  is  herebv  changed  so  that  such  maximum  rate  as  levied  on 
the  total  \aluation  of  all  taxable  jiroperlv  in  the  district  for  the 
year  1911  would  i)r()duce  no  greater  amount  than  the  present  max'i- 
mum,  if  levied  on  the  total  valuation  for  the  vear  1910,  would  i)ro- 
duce.  The  intent  and  purpose  of  this  act  being  to  provide  the  total 
amount  of  taxes  which  mav  be  levied  in  the  vear  T'll  or  in  an\' 
vear  thereafter  for  all  purposes  shall  not  exc?ed  in  the  aggregate 
the  total  amount  of  taxes  levied  in  the  vear  1^10,  i^lus  si.x  per  cent 
thereof  for  the  vear  1912;  nine  per  cent  for  the  vear  1913;  twelve 
]x'r  cent  thereof  for  any  years  thereafter,  or  such  less  amount  as 
mav  be  iiroduced  by  the  levy  of  a  maximum  of  ten  mills,  except  to 
the  amount  of  such  levies  as  mav  be  made  for  interest  and  sinking 
fund  pur])oses,  as  ])rovided  in  Section  5649-2;  for  emergencies  as 
provided  in  Section  5649-4  and  for  additional  levies  authorized  by 
a  vote  of  the  peo])le,  as  jtrovided  in  .'■Section  564^-5. 

Section  5640-3  a.  Prescribes  the  form  in  which  each  taxing  ])ody 
shall  submit  to  the  county  auditor  an  annual  budget  and  provides 
certain  interior  limitations  for  jiarticular  jjurjioses. 

235 


Ohio— 12 

Section  5649-3  b.  The  county  auditor,  treasurer  and  prosecuting;- 
attorney  shall  constitute  the  budget  commission.  They  shall  meet 
and  perform  their  work  in  August  before  the  third  Monday.  (As 
amended  1915). 

Section  5649-3  c.  The  budget  commissioners  may  revise  and  change 
the  annual  estimates  presented  by  each  taxing  body  and  may  reduce 
any  and  all  items,  but  shall  not  increase  the  total  of  any  estimate  or 
any  item  therein.  They  shall  adjust  the  budgets  so  as  to  keep  the 
total  within  the  limits  prescribed  by  this  law. 

Section  5649-3  d.  Prescribes  that  appropriations  shall  be  made 
semi-annually  for  the  various  purposes  of  exjienditure. 

Section  5649-3  e.  Unexpended  balances  shall  revert  to  the  general 
fluid. 

Section  5649-4.  Permits  additional  levies  in  case  of  special  emergen- 
cies specified  in  other  sections  of  the  code. 

Section  5649-5.  The  commissioners  of  a  county,  the  council  of  a 
municipal  corporation,  townshi])  trustees  or  board  of  education  may, 
by  resolution,  decide  to  make  an  additional  lew  specifying  the 
amount  and  number  of  years  not  exceeding  five  during  which  said 
additional  rate  may  be  levied. 

Section  5649-5  a.  Such  proposition  .shall  be  .submitted  to  the  electors 
at  the  November  election  occurring"  more  than  twenty  days  after 
the  adoption  of  such  resolution.  It  shall  be  dulv  advertised  and 
the  form  of  the  ballot  is  ])rescribed. 

Section  5649-5  b.  If  a  majority  of  the  electors  voting  vote  in  favor, 
it  shall  be  lawful  to  lew  such  additional  tax,  provided  that  the  com- 
bined maximum  rate  vmder  the  provisions  of  this  and  the  two  pre- 
ceeding  sections  and  sections  5649-2  and  5649-3  shall  in  no  case 
exceed  fifteen  mills. 

Note:  The  foregoing  sections  were  enacted  in  1911  and  have  been 
amended  in  some  respects  in  1913  and  1915.  At  the  same  session, 
I'Ml.  much  larger  powers  were  given  to  the  tax  commission  of  the 
state  with  the  purpose  of  ])lacing  all  property  in  the  state  on  the 
duplicate  at  its  true  value  in  money  and  to  secure  larger  returns 
from  corporations  and  pul)lic  utilities.  The  result  was  to  increase 
tax  du])licates  in  the  state  generally  from  one  to  two  hundred  per 
cent.  The  various  laws  relating  to  libraries  permit  them  to  levy 
from  five-tenths  to  fifteen-tenths  of  a  mill.  The  limitations  of  this 
law,  however,  have  reduced  the  levy  in  all  cases  to  less  than  five- 
tenths  of  a  mill.  The  net  immediate  result,  however,  was  that 
owing  to  the  increased  du])licate,  the  levy  produced  an  amount  about 
equal  to  that  of  the  previous  year  and  that  library  incomes  have  re- 
mained at  about  the  same  level  for  four  years  since. 

236 


Ohio— 13 

Pexalties  for  Defacixg  Newspapers  and  Magazines 
Annotated  Code,  1912 

Sectfon  12488.  Destroyino-  or  defacin.af  newspapers  belongin.a:  to 
libraries: 
\\"hoevcr  intentionally  defaces,  obliterates,  tears  or  destroys,  in 
whole  or  in  part,  a  newspaper,  magazine  or  periodical  on  file  in  a 
reading-room  belonging  to  another  person,  or  cuts  therefrom  an 
article  or  advertisement,  shall  be  fined  not  less  than  ten  dollars  nor 
more  than  one  hundred  dollars  or  imprisoned  not  more  than  thirty 
days,  or  both. 

CIVIL  SERVICE  COMMISSION 

Laws,  1913,  P.  701 

An  act  passed  in  1913,  provided  a  state  civil  service  commission 
and  divided  all  i)ul)lic  service  in  the  state  under  two  heads,  the  classi- 
fied, which  was  subject  to  examination;  the  unclassified,  which  was 
exempt  from  the  examination  provided  b^^  the  commission  and  not 
under  the  control  of  the  commission,  and  included  in  the  unclassi- 
fied service,  the  following:     *     *     * 

6.  All  presidents,  superintendents,  directors,  teachers  and  in- 
structors in  the  public  schools,  colleges  and  universities;  the  library 
stafif  of  any  library  in  the  state  supported  wholly  or  in  part  at  public 
expense. 


237 


Oklahoma — 1 
OKLAHOMA 

STATE  LIBRARY 

Revised  Laws,  1910.  Vol.  2 

Section  7240.     Creation: 

There  is  hereby  created  a  public  library  which  shall  be  known  as 
the  Oklahoma  Library,  which  shall  be  located  at  the  capitol  of  the 
state. 

Section  7241.     Shall  consist  of : 

State  lil:)rary  shall  consist  of  all  books,  pamphlets  and  other  literary 
matter  now  owned  or  hereafter  acquired  l)y  tlie  state. 

Section  7242.     Library  fund: 

Amount  received  from  fines  and  forfeitures  under  this  article, 
with  any  received  from  any  other  source  shall  constitute  the  library 
fund  which  shall  be  expended  for  the  purchase  of  books  and  main- 
tenance of  the  library  by  the  librarian  under  the  direction  of  the 
board  of  directors. 

Section  7243.     Manag'ement: 

The  management  and  control  of  such  library  is  vested  in  the  justices 
of  the  supreme  court  who  shall  constitute  the  board  of  directors. 

Section  7244.     Powers  of  directors : 

The  directors  shall  have  power  to  adopt  all  rules  necessary,  not  in- 
consistent with  this  article,  and  enforce  all  penalties  herein  im- 
posed. 

Section  7245.     State  librarian: 

The  directors  shall  appoint  some  suitable  person  as  state  librarian. 
The  state  librarian  with  the  consent  of  the  directors  mav  appoint 
an  assistant  librarian. 

Section  7246.     Bond,  Oath  and  Receipts : 

The  librarian  shall  take  the  oath  of  office  and  give  an  ai)provcd  bond 
of  ten  thousand  ($10,000.00)  dollars  and  give  receipt  for  llie  i)rop- 
erty  entrusted  lo  him. 

Section  7247.     Duties  of  hbrarian : 

Descril)es  in  full  detail  the  ordinary  duties  of  a  librarian. 

Section  7248.     I'enalty: 

If  the  librari;in  shall  ])i'nnil  an\'  unauthorized  jXM'son  to  remove 
any  book  from  the  library,  he  shall  be  liable  on  conxiction  thereof, 
to  pay  a  fine  of  not  less  than  five  or  more  than  twenty-five  dollars 
for  every  liook  so  taken. 

230 


Oklahoma — 2 

Sfxtion  7249.     Lil)rarian  to  supply  other  states  with  state  puliHca- 
tions. 

Section  7250.     Prescribes  salary  of  the  librarian. 

Section  7251.     Librarian  may  sell  or  exchan.oe  duplicate  books. 

Section  7252.     Duplicate  bills: 

Librarian  shall  require  duplicate  bills  for  all  books  purchased. 

Section  7253.     Who  may  take  books  from  library : 
Enumerates  the  officers  who  may  have  that  privile.s^'e. 

Section  7254.     Penalty  for  failure  to  return  books. 

Section  7255.     Penalty  for  the  vmauthorized  takin.a:  books. 

Section  7256.     Rules  to  be  printed  and  posted. 

Laws,  1913,  Chapter  123 
Section  1 : 

State  librarian  is  directed  to  exchans;e  copies  of  Oklahoma  stale 
publications  for  those  of  other  states  and  of  the  L^nited  States,  and 
to  deliver  the  books  received  in  exchang^e  to  the  librarian  of  the 
law  school  of  the  state  university  at  Norman,  and  also  to  deliver  to 
said  library  copies  of  the  Oklahoma  state  publications;  provided, 
this  exchan.o'e  of  books  shall  not  take  precedence  to  exchang-es  made 
of  such  books  for  the  purpose  of  supplying  the  state  library  there- 
with. 

LIBRARIES  IN  CITIES 
Revised  Laws,  1910,  Vol.  2 

Section  7257.     Council  mav  establish: 

Council  of  any  city  not  less  than  five  thousand  population  shall  have 
power  to  establish  and  maintain  a  pulilic  librarv  and  reading  room, 
or  either,  for  the  use  of  inhabitants  of  such  citv,  and  may  levy  a  tax 
not  to  exceed  two  mills,  annuallv,  ])r()ceeds  to  be  known  as  "Library 
Fund." 

Section  7258.     Directors: 

When  any  council  shall  have  decided  to  establish  a  public  library 
and  reading  room,  or  either,  the  mavor  shall  with  the  approval  of 
the  council,  a])point  six  directors,  citizens;  no  director  shall  receive 
any  compensation  as  such. 

Section  7259.     Term  of  office  of  directors: 

Said  directors  shall  hold  office,  one-third  for  one  year,  one-third  for 
two  years,  one-third  for  three  years  and  their  successors  annually 
thereafter  for  three  vcars.  Mavor  mav  with  consent  of  council 
remove  any  director  for  misconduct  or  neglect. 

240 


Oklahoma— 3 

Section  7260.     \"acancies: 

Vacancies  in  the  board  of  directors  liy  removal,  resig-nation  or  other- 
wise shall  1)c  filled  in  like  manner  as  orio;inal  appointments. 

Section  7261.     Org'anization.     Powers  and  duties : 

Said  directors  shall  organize  bv  election  of  officers,  shall  make 
b3"-laws,  rules  and  re.a^ulations  for  their  own  .si'uidance  and  the  gov- 
ernment of  the  library  and  reading-  room,  shall  have  exclusive  con- 
trol of  the  exi:)enditure  of  all  monies  in  the  librarv  fund,  construction 
of  buildings,  care  and  custody  of  grounds,  rooms  or  buildings.  x\II 
monies  received  for  such  libraries  shall  he  deposited  in  the  treasurj' 
of  the  citv  as  the  library  fund;  shall  be  paid  out  onlv  upon  the 
authenticated  vouchers  of  the  library  board.  Such  board  shall  have 
power  to  lease  rooms  for  the  vise  of  such  library,  power  to  appoint 
statY,  fix  their  comi:)ensation  and  to  remove  and  shall  in  general  carry 
out  the  spirit  and  intent  of  this  article ;  shall  have  power  to  purchase 
ground  and  erect  a  building,  shall  have  power  to  accept  or  in  its 
discretion,  decline  donations,  tendered  as  provided  for  in  Section 
7265  and  for  the  purpose  of  maintaining  and  augmenting  collections 
other  than  collections  of  printed  books  and  periodicals,  may  at  its 
discretion  expend  monies  or  incur  obligations  not  exceeding  in 
anv  one  vear,  ten  per  cent  of  the  whole  amount  paid  into  the  library 
fund  for  such  year. 

Section  7262.     Rules  and  regulations: 

Every  library  or  reading  room  established  under  this  article  shall 
be  subject  to  such  reasonable  rules  and  regulations  as  the  librarv 
board  may  adopt.  .Such  board  niav  exclude  from  said  library  or 
reading  room,  or  either  of  them,  any  and  all  jiersons  who  shall 
wilfully  violate  such  rules. 

Section  7263.     Rei)orl : 

Board  of  directors  shall  annuallv  reixtrt  (o  the  council. 

Section  7264.     Penalties: 

Council  shall  have  jjower  to  i)ass  ordinances  imi)osing  i^enalties  for 
injury  upon  such  librarv  or  other  propertv  thereof,  or  failure  to  re- 
turn anv  bciok  jjelonging  to  such  library. 

Section  7265.  iSoard  to  be  trustees  of  donations.  Public  lectures; 
Any  person  desiring  to  make  donations  of  money,  i)ersonal  ]M-oi)erly 
or  real  estate  for  the  benefit  of  such  library  or  for  the  establishment, 
maintenance  or  endowment  of  public  lectures  in  connection  with 
such  library  ujxju  any  subject  designated  bv  the  donor,  in  the  field 
of  literature,  science  and  the  arts  (except  that  lectures  in  the  in- 
terest of  anv  political  i)arty,  jjolitics  or  sectarian  religion  are  ex- 
pressly i)r()hibiled, )  shall  have  the  right  to  vest  the  title  to  the  money, 
per.sonal  property  or  real  estate  so  donated,  in  the  board  of  directors, 

241 


Oklahoma — 4 

to  be  held  and  controlled  bv  such  board,  when  accejited  according- 
to  the  terms  of  the  deed,  gift,  devise  or  bequest  to  such  library  and 
as  to  such  property,  that  board  shall  be  held  and  considered  as  special 
trustees. 

Section  7266.     Transfer  of  library  to  city.     Branches: 

Any  library  already  existing"  or  hereafter  established  in  anv  cily 
which  shall  establish  a  free  lil)rary  and  reading  room,  may  be  trans- 
ferred by  the  society,  association  or  individual  owning  the  same,  to 
the  board  of  directors  on  such  terms  not  inconsistent  with  the  object 
of  this  article  as  may  Ije  mutually  agreed  on  and  as  to  such  proi)erly, 
the  board  of  directors  shall  be  held  special  trustees,  providing,  that 
any  incorporated  city,  having  not  less  than  five  thousand  inhabitants, 
may  establish  one  or  more  reading  rooms  to  accommodate  the  in- 
habitants thereof  in  diiTerent  parts  of  the  city. 

SEPARATE  LIBRARY  FOR  COLORED  INHABITANTS 

Laws,  1911.  Page  200,  Chapter  91 

Amends  Section  7257  (Revised  Laws,  1910,  \^ol.  2),  by  adding  the 
following  clause:  "Provided  that  in  such  cities  that  have  not  less 
than  one  thousand  colored  inhabitants,  the  said  city  council  may  es- 
tablish and  maintain  a  separate  library  and  reading  room,  or  either 
of  them  for  the  use  of  the  colored  inhabitants  thereof  to  be  main- 
tained by  said  city  council  in  like  manner  as  that  of  the  library  and 
reading  room." 


242 


Oregon — 1 
OREGON 

STATE  LIBRARY 

Lord's  Oregon  Laws,  1910,  \'{)l.  2 

Section  43(^0.     Trustees: 

Governor  sliall  aiii^oint  one  person  for  a  term  of  five  vears,  who,  with 
the  governor,  superintendent  of  public  instruction,  president  of  the 
state  university  and  librarian  of  the  library  association  of  Portland, 
shall  constitute  the  trustees  of  the  state  librarv.  (As  amended. 
Laws  of  1913,  cha]).  149). 

Section  4361.  Functions — Advice — Travclino-  Hbrarics — Lists  and 
circulars — .Summer  school — Periodical  clearing-house : 
The  stale  library  shall  "'ive  advice  to  all  schools,  free  and  other  inil)- 
lic  libraries,  and  to  all  communities  which  mav  jiropose  to  establish 
them,  as  to  the  best  means  of  establishing-  and  maintaining-  such 
libraries,  the  selection  of  books,  catalogino-  and  other  details  of  li- 
brary management.  It  may  also  purchase  and  operate  traveling- 
libraries  within  the  state  among  communities,  libraries,  schools,  col- 
leges, universities,  library  associations,  studv  clubs,  charitable  and 
penal  institutions,  free  of  cost  except  for  transportation,  under  such 
conditions  and  rules  as  shall  protect  the  interest  of  the  state  and 
best  increase  the  efficiency  of  the  service  it  is  exi)ected  to  render  the 
public.  It  may  publish  such  lists  and  circulars  of  information  as 
it  shall  deem  necessary  and  it  may  also  conduct  a  summer  school  of 
library  instruction  and  a  clearing-house  for  periodicals  for  free  gifi 
to  local  libraries.      (As  amended.  Laws,  1913,  cha]).  149). 

Section  4362.     Officers.     Duties: 

The  trustees  shall  elect  a  chairman  of  its  own  number,  and  a  librarian 
not  of  its  own  numljer,  and  emjiloy  such  other  assistants  as  may  be 
requisite.  The  librarian  shall  kce])  a  record  of  the  proceedings,  ac- 
count of  finances,  sui)ervise  traveling  libraries  and  organizations, 
etc.;  shall  be  allowed  actual  traveling  exi)enses.  No  member  of 
such  board  of  trustees  shall  be  comi)cn.sated  for  his  services,  but  he 
shall  be  allowed  actual  expenses  connected  with  his  duties. 

Section  4363.      Kcjiort.      (  ReiK-alcd,  Laws  of  1915,  chaiiter  204). 

Section  4364.     Salary  and  exjK-nses: 

Salary  of  the  librarian  .shall  be  fixed  bv  the  trustees.  Exjienscs 
shall  be  paid  from  its  ai)propriation.  Offices  .shall  be  provided  m 
the  state  house.     (As  amended,  Laws  1913,  cha]).  149). 

Section  436.5.     .\p]iro])riation: 

Made  annual  ai)])ropriati(Mi  of  six  llinusand  dollars;  was  repealed  l)y 

243 


Oregon — 2 

Laws.  1915 

Chapter  122.     Appropriations: 

An  act  to  repeal  all  continuous,  annual  and  standing  appropriations. 

Chapter  300.     Appropriations: 

Appropriated  the  following  sums,  or  so  much  thereof  as  necessary, 
*  *  *  for  two  years  beginning  Jan.  1,  1915,  and  ending  Dec. 
31.  1916:  For  State  library,  twenty-three  thousand,  eight  hundred 
dollars  ($23,800);  for  Supreme  court  library  of  Oregon,  iifteen 
thousand,  six  hundred  and  twelve  dollars   ($15,612). 

Laws  of  1911,  Chapter  55 

Section   1.     Funds: 

All  funds  paid  to  the  state  library  on  account  of  public  school  library 
orders  shall  be  kept  by  the  treasurer  in  a  separate  account,  as  the 
Oregon  state  lil^-ary  school  library  fund.  All  moneys  received  for 
delincjuencies  for  lost  books  and  for  freight  payments  shall  be  kept 
in  a  separate  account  to  be  known  as  the  Oregon  state  library  con- 
tingent fund.     (As  amended.  Laws  of  1913,  chap.  149). 

Section  2.     Provides  the  method  of  payment  fri)m  the  above  funds: 

Laws  of  Oregon.  1913,  Chap.  149 

Section  2.     Lil^rary  commission  becomes  state  library: 

Provides  that  the  librarv  commission  librarv  shall  hereafter  be 
known  as  the  state  library  and  the  lilirarv  commission  shall  l)e  known 
as  the  trustees  of  the  state  library  and  all  laws  now  in  force  relating 
to  the  lil:)rarv  commission  shall  applv  to  the  trustees  of  the  state 
hbrary.  Secretarv  of  the  commission  shall  become  librarian  of  the 
state  lil)rary,  and  the  i)rovisions  relating  to  the  secretary  of  the 
li1)rarv  commission  shall  l)e  ai)i)Hcal)le  to  the  lil)rarian  of  the  state 
library. 

Section  5.  State  library  shall  be  under  the  control  of  the  trustees 
of  state  library,  who  shall  make  all  necessarv  rules  for  its  govern- 
ment and  a])])oint  the  librarian  and  assistants  and  fix  their  conijien- 
sation. 

Section  6.  Traveling  libraries — legislative  reference  lil)rary: 
Books  of  the  state  library  shall  be  loaned  free  of  charge  to  the  i)eo- 
ple  of  the  state  through  local  pul)lic  and  traveling  libraries,  and  to 
individuals  upon  proper  guarantee  in  cities  without  libraries  and  in 
rural  comnnmities.  State  librarian  shall  collect  and  index  public 
documents  which  may  be  of  use  to  state  boards,  officials  and  members 
of  the  legislature  for  the  investigation  of  public  questions.     These 

2+4 


(  )rf.gox — 3 

services  shall  be  rendered  in  accordance  witli  tlie  rules  fixed  by  the 
trustees. 

Section  7.     Catalog.     Approprialinn: 

Provides  that  the  librarian  shall  catalog  books  of  the  library  anil 
makes  an  appropriation  for  the  expenses. 

SUPREME  COURT  LIBRARY 
Laws  of  ()rk(iox,  1913,  Citap.  149 

Section  L  Provides  that  the  state  library  shall  hereafter  be  known 
as  the  Sui)reme  Court  Library:  the  state  librarian  as  librarian  of 
the  Suijreme  Court  Library,  and  the  laws  in  force  relating  to  state 
library.  exce])t  as  herein  amended,  shall  a])])ly  to  the  .Sui)reme  Court 
Library. 

Seition  3.      Donation  of  l)ooks: 

It  shall  be  the  duty  of  the  librarian  of  the  Supreme  Court  Library  to 
turn  over  to  the  state  library,  such  books  and  other  material  received 
as  a  ,general  depository  library,  and  such  other  books  and  i)ami-)hlets 
as  may  be  agreed  upon  or  ordered  by  the  Supreme  Court,  provided 
that  all  publications  of  a  legal  nature  shall  be  retained  by  the  Su- 
preme Court  Library  and  all  legal  books  hereafter  received  in  ex- 
change by  the  state,  .shall  be  turned  over  to  the  .Supreme  Court 
Library. 

Section  4.     Control  df  tlic  Sujjreme  Court  Librarv: 

Su])reme  Court  l,i])rarv  shall  be  under  the  control  of  the  Supreme 
Com^t.  and  said  cnurt  shall  make  rules  for  the  government  of  the 
librarv  and  shall  a])|)i)im  ihc  librarian  and  assistants  and  fix  then' 
compensation. 

COUNTY  LIP.RARIES 
Lord's  Ouiccox  Laws.  1910,  Vot..  2 
Section  43,^6.     Library  tax: 

Any  county  is  authorized  to  levy  a  s])ecial  lax  not  to  exceed  one-haif 
mill  on  the  dollar  for  the  i)uri)ose  of  establishing  and  maintaining, 
or  assisting  in  the  establishment  and  maintenance  of  a  public  library. 
The  proceeds  of  such  tax  shall  constitute  a  separate  librarv  fund. 
(As  amended.  Laws  of  Oregon.  1911,  chap.  1.^1  ). 

Section  4357.     Establishment : 

County  court  in  any  countv  in  which  such  special  tax  mav  be  levied 
mav  use  said  library  fund  to  establish,  e(|ui]),  maintain  and  oi)erate 
at  the  countv  seat,  a  public  librarx-  including  bratich  libraries,  read 
ing  rooms,  lectures  and  museums,  and  mav  do  any  and  all  things 
necessarv  i)r  desirable  in  its  discretion  to  carry  out  such  purjjose 
The  countv  mav  however,  in  its  di.screlion,  contract,  ui)on  such  con- 

24.S 


Oregon — 4 

ditions  as  it  may  determine,  with  a  corporation  maintaining'  a  librar^j 
at  the  county  seat  for  the  use  by  such  corporation  of  said  hbrary 
fund  for  all  or  any  of  the  purposes  specified  above  in  this  section. 
(As  amended,  Laws  of  Oreg-on.  1911,  chap.  151). 

Section  4358.     Payments: 

No  moneys  shall  be  drawn  from  any  library  fund,  except  by  the 
order  of  the  county  court. 

Section  4359.     Libraries  to  be  free : 

Every  library  maintained  in  whole  or  in  part  from  any  county  library 
fund  shall  be  free  for  the  use  of  the  inhabitants  where  located,  under 
rules  prescribed  by  the  county  court  or  the  corporation  maintaining: 
the  library. 

Laws  of  1911,  Chap.  117  (as  amended  by  Laws  of  1915,  Chap.  346) 

Section   1.     Tax  levy  for  building  fund: 

Any  county  is  authorized  in  its  discretion  to  levy  and  collect  a  special 
tax  not  to  exceed  one  and  one-half  mills  on  each  dollar.  The  jjro- 
ceeds  shall  constitute  a  separate  public  library  building  fund  to  be 
expended  for  that  ptn-pose  only  and  only  upon  the  order  of  the 
county  court. 

Section  2.     Limitations: 

Said  special  tax  may  be  divided  and  collected  as  the  county  court 
may  determine,  provided  that  not  more  than  one-half  mill  shall  be 
levied  in  any  one  year,  and  that  the  right  to  levy  such  sjiecial  tax 
shall  be  exhausted  when  the  limit  of  one  and  one-half  mills  has  been 
reached. 

Section  3.     Purposes: 

Said  tax  is  to  be  levied  and  collected  for  the  erection  of  a  central 
public  library  building"  upon  a  site  approved  by  the  county  and  con- 
veyed to  it  by  anv  person,  firm,  corporation  or  city  school  district 
or  union  high  school  district.  Said  building  when  erected  shall  be 
operated  as  a  public  library  free  to  all  inhabitants  of  the  county. 
The  county  court  is  authorized  to  accept  sites,  buildings,  equipment 
or  other  donations  for  public  library  purposes,  and  where  a  central 
library  is  provided  in  whole  or  in  part  bv  donations  or  otherwise, 
any  remaining  portion  of  the  fund  authorized  in  Section  1  may  be 
used  for  or  towards  the  erection  of  branch  buildings.  No  part  of 
such  fund  shall  be  used  for  branch  buildings,  except  ujion  condition 
that  the  citv  where  such  branch  is  located  shall  guarantee  a  main- 
tenance fund  equal  to  not  less  than  ten  percent  of  the  cost  of  such 
building  and  shall  also  jirovide  a  site  acceptable  to  the  countv  library 
board  and  to  the  county  court. 

Authority  is  granted  to  any  city  to  provide  funds  through  taxation 

246 


Oregon — 5 

or  the  sale  of  bonds  for  the  i)urch;isc  of  sites  and  the  erection  of  sucli 
branch  hbrary  builchnft-s.  Tlic  tille  to  the  property  acquired  under 
the  act  shall  be  vested  in  the  county  acceptinc;'  it,  subiect  to  the  con- 
trol of  the  county  court  or  such  board  as  shall  be  constituted  for  the 
administration  of  a  free  county  library.  The  county  court  may  con- 
tract for  the  use  of  any  such  buildine,'  by  any  corporation  maintain- 
ing;' a  central  public  lil)rary  or  l)ranch  libraries.  The  plans  of  such 
buildings  shall  l)e  in  accordance  with  the  i)lans  selected  bv  the  board, 
subject  to  the  approval  of  the  court. 

Section  4.      Libraries  to  be  free: 

All  library  building-s  built  wholly  or  i^artly  from  funds  raised  in 
accordance  with  this  act  shall  be  free  for  the  use  of  the  inhabitants 
of  the  county  where  they  may  be  located,  subject  to  reasonable  rules 
and  regulations. 

PUBLIC  LIBRARIES 
Lord's  Oregon  Law.s,  1910.  Yn]..  2 
Section  4346.     General  provisions: 

This  act  shall  be  known  as  the  ])ublic  library  law. 
In  this  act,  unless  the  context  otherwise  requires,  "lil)rary"  includes 
libraries  with  branches,  travel  libraries  and  readin.<^  room  depart- 
ments, lectures  and  nniseums;  "city"  includes  town  and  villaj^e ; 
"council"  means  legislative  body  of  an  incori)orated  town,  villa,c;c 
or  city;  ''mayor"  means  the  chief  executive  officer  of  an  incorporated 
city,  town  or  village. 

Section  4347.     Establishment.     Tax: 

The  council  of  every  incorporated  city  shall  have  the  power  to  es- 
tablish, equip  and  maintain  a  public  library  or  maintain  and  su])- 
port  any  public  library  already  established  therein,  and  may  annually 
levy  and  cause  to  be  collected,  as  other  general  taxes  are  collected, 
a  tax  upon  each  dollar  of  the  asses.sed  value  of  the  taxable  i)roperty, 
of  such  city,  to  provide  a  library  fund,  which  fund  shall  be  kept  sepa- 
rate from  other  money  of  the  city  to  be  used  exclusively  to  maintain 
such  library;  provided  that  said  library  tax  shall  not  be  included  m 
the  aggregate  amount  of  taxes  as  limited  by  any  jirovisions  of  any 
charter  under  which  any  city  is  now  organized.  I  Verbatim) 

Section  434S.     .Aid  to  libraries  already  established: 

If  there  exists  in  any  incorporated  city  a  secular  or  non-sectarian 
lii)rary  owned  and  controlled  by  a  society  or  cori)oralion,  the  council 
may  at  its  discretion  Iev\  the  tax  hereinbefore  i)rovided  for  and  enter 
into  a  contract  with  such  society  or  corjroration  to  i)rovide  the  in- 
habitants of  such  city  with  the  free  use  of  the  library  upon  condi- 
tions agreed  ujion.  The  terms  of  such  contract  may  give  the  man 
agement  nf  tlie  librar\-  to  such  societ\'  or  cor])oralion.  in  which  t'\'eii; 

247 


Oregon — 6 

Section  4349  would  have  no  effect,  but  the  other  sections  thereof 
shall  be  considered  a  part  of  said  contract :  provided  that  all  money 
paid  to  said  society  or  corporation  under  said  contract  shall  be  ex- 
pended solely  for  the  maintenance  of  the  library  and  for  no  other 
purpose. 

Section  4349.     Directors.     Appointment.     Vacancies. 

For  the  government  of  such  library,  there  shall  be  a  board  of  nine 
directors  appointed  by  the  ma}'or.  A\ith  the  approval  of  the  council. 
Not  more  than  one  member  of  the  council  shall  at  any  one  time  be 
a  member  of  the  board;  provided  that  in  cities  of  less  than  three 
thousand  inhabitants,  there  shall  be  six  chrectors.  Those  first  ap- 
pointed shall  divide  themselves  into  three  classes ;  one-third  to  serve 
one  year ;  one-third  two  years ;  and  one-third  three  years ;  their  suc- 
cessors shall  be  appointed  for  three  years. 
No  person  shall  be  ineligible  to  serve  by  reason  of  sex. 
Mayor  may,  by  consent  of  council,  remove  any  director  for  mis- 
conduct or  neglect.  No  compensation  shall  be  paid  or  allowed  an}- 
director. 

Section  4350.     Organization.     Powers: 

Directors  shall  organize  by  electing  one  of  their  number  president, 
and  such  officers  as  they  may  deem  necessary.  They  shall  make 
l)\-laws  and  rules  for  their  own  guidance  and  the  government  of 
the  library.  They  shall  have  control  of  the  expenditures  from  the 
library  fund,  the  supervision  and  custody  of  rooms  and  buildings, 
and  money  shall  be  drawn  from  the  treasury  upon  the  authenticated 
voucher  of  the  iioard  without  being  otherwise  audited.  They  may. 
w  ith  the  approval  of  the  mayor  and  council,  lease,  purchase  or  erect 
a  building,  not  emi:)lo\ing  more  than  one-half  of  the  income  in  any 
one  vear.  They  may  emplo)-  a  staff,  prescribe  rules,  fix  compensa- 
tion and  remove  such  appointees,  and  shall  in  general  carry  out  the 
spirit  and  intent  of  this  act  in  establishing  and  maintaining  a  public 
library. 

Section  4351.     Use  of  library: 

Every  library  established  tmder  this  act  shall  l)e  forever  free  for 
the  use  of  the  inhabitants  of  the  citv  where  located,  subject  to  the 
regulations  adopted  and  jniblished  by  the  librarv  board.  The  board 
may  extend  the  privileges  and  use  of  such  lil)rar\-  to  non-residents 
upon  such  conditions  as  it  may  prescribe. 

.Skction  4352.     Annual  report: 

The  board  of  directors  shall  fully  report  to  the  council  aimually  on 
the  condition  and  work  of  the  librarv. 

SiiCTioN  4353.     Donations: 

All  persons  desirous  of  making  donations  of  monev,  jiersonal  iiro])- 
crty  or  real  estate  for  the  benefit  of  such  library,  shall  have  the  right 

2-kS 


Okix.ox — 7 

to  vest  the  title  thereto  in  the  I)oar(l  of  chrectors  created  under  this 
act,  to  be  held  and  controlled  by  such  board  when  accei)ted,  accord- 
ing; to  the  terms  of  the  deed  of  c^-ift.  devise  or  bef|ucst,  and  as  to  such 
proijcrty  the  said  board  shall  be  held  and  considered  to  be  si)ecial 
trustees.  (  \'erbatini ). 

Section  4354.     Penally  for  defacin.s;  books : 

\\'hoever  wilfnllv  or  maliciovislv  writes  upon,  injures,  defaces,  tears 
or  destroys  a  book,  ])lale,  picture,  ens'ravins^",  map,  newspajier,  mag- 
azine, pamphlet,  manuscript  or  statue  belons>-in,o-  to  a  law,  city  or 
other  public  or  incorjwrated  library,  shall  be  punished  l)v  a  fine  oi 
not  less  than  Wve  dollars,  nor  more  than  fifty  dollars,  or  by  im- 
prisonment not  exceedintj  six  months.  (Verbatim). 

Sf.ctiox  4355.      Penalty  for  detention  of  books: 

Whoever  \\il fully  or  maliciously  detains  anv  book  or  other  property 
belonq'in^'  to  anv  librarv  for  thirlv  days,  after  notice  in  writing" 
given  after  the  ex])iration  of  the  time,  which,  bv  regulations,  such 
property  may  be  kept,  shall  be  punished  by  a  fine  of  not  less  than  five 
dollars  nor  more  than  twentv-five  dollars,  or  bv  imprisonment  not 
exceeding'  six  months:  provided  that  the  notice  re(|uired  by  this  sec- 
tion shall  bear  upon  its  face  a  cojiv  of  this  section. 

TUBERCULOSIS 

Uaws  of  1913,  CiiAi'.  115.     An  act  for  the  prevention  of  the  spread 
of  tuberculosis: 

Section  7.  Xo  books  shall  be  loaned  from  a  i)ul)lic  library  to  an\ 
person  afilicted  with  jnihuonary  tuberculosis,  or  to  any  person  living 
in  a  residence  where  a  case  of  imlmonary  tuberculosis  exists. 

(Verbatim  ) 

DLSTRTCH^  SCHOOL  LTP.RARIKS 

Lord's  Ou1':c.on  L.\ws,  1010,  (.v-s  amended  r.v  Ge.xeral  Laws,  1')13j 

Sectu)N  4153.     Library  fund: 

The  county  court  of  the  several  counties  of  this  state  which  h;ive  a 
])o])ulation  of  less  than  one  hundred  thousand  inhabitants  are  hereb} 
required  to  lew  at  the  same  time  they  lew  other  taxes,  a  tax 
upon  all  taxable  (property  in  their  counties  for  school  libraries  which 
shall  a^gTegate  an  amount  which  shall  not  be  less  than  ten  cents  per 
cai^ita  for  each  and  all  of  the  children  in  the  county  between  the  ages 
of  four  and  twenty  years,  as  shown  by  the  then  itreceding  school 
census,  which  shall  be  collected  at  the  same  time  and  by  the  same 
officers  as  other  taxes  are  collected;  and  such  aggregate  sumwhen 
so  levied  and  collected  shall  be  known  as  the  general  school  library 
fund  of  llie  county,  and  such  fund  sh;ill  be  set  aside  and  used  for 

249 


Oregon — 8 

no  other  than  school  lil^rarv  purposes  in  the  manner  hereinafter 
provided  for.  (Verbatim). 

Section  4154.     County  treasurer  to  serve: 

County  treasurer  shall  certify  to  the  countv  school  superintendent, 
on  the  first  Monday  in  Jvily  of  each  year,  the  total  amount  in  the 
general  school  fund  in  his  hands. 

Section  4155.     Apportionment: 

The  county  superintendent  shall  upon  the  first  Monday  in  July  of 
each  year  apportion  the  entire  .tjeneral  school  library  fund  as  fol- 
lows: He  shall  apportion  to  each  district  in  his  county  that  has  re- 
ported to  him,  according-  to  law  in  j^roijortion  to  the  number  of  per- 
sons in  each  district  over  four  and  under  twenty  years  of  a.Q;e.  as 
shown  by  the  last  school  census.  When  such  apportionment  has 
been  made,  he  shall  immediately  notify  the  districts  of  their  respec- 
tive shares  and  the  Oregon  state  library  of  the  amount  of  money 
apportioned  to  and  the  number  of  school  children  in  each  district. 

Section  41 56.     Purchase  of  books : 

Provides  that  each  district  shall  in  July  of  each  year  select  books 
from  lists  prepared  by  the  state  librarv  according-  to  their  rules ; 
that  for  any  failure  to  notify  of  their  selection  by  August  10th,  the 
state  library  shall  select  books.  Prescribes  method  of  shipment  and 
payment. 

Section  4157.     List  of  books: 

The  state  library  shall  prepare  annuallv  lists  of  books  suitable  for 
school  libraries,  with  prices,  and  furnish  cojiies  to  the  county  super- 
intendents. 

Section  4158.     Record  of  books : 

The  county  superintendent  sliall  keei")  a  complete  record  of  books 
purchased,  with  the  prices. 

Section  4159.     Librarian: 

The  county  superintendent  shall  ai^point  a  librarian  for  each  district, 
who  shall  have  care  of  the  books  and  loan  them  according  to  rules 
prescribed  by  the  state  library,  and  keep  a  record.  While  the  schools 
are  in  session,  the  library  shall  be  placed  in  the  school  houses. 

Section  4160.     Rules  and  regulations: 

The  state  library  shall  formulate  rules  and  regulations  for  the  man- 
agement of  the  school  libraries. 

FARM  LIBRARIES 
Laws  of  Oregon,  1911,  Chap.  124 

Section  1.     Establishment: 

The  county  commissioners  of  any  countv  may  at  their  discretion 
appropriate  two  hundred  dollars  ($200.00),  or  as  much  thereof  as 

250 


Oregon — 9 

may  be  necessary,  for  tlic  jnirpose  of  eslablishin,ij  at  various  points 
farm  libraries.  Such  libraries  shall  consist  of  standard  books  on 
agriculture,  animal  or  poultry  husl)andrv.  Tn  this  the  commis- 
sioners shall  seek  the  recommendation  of  the  director  of  the  Oregon 
Agricultural  College  as  to  the  publications  to  be  selected. 

Section  2.     Location: 

Said  library  shall  be  established  and  maintained  at  such  point  or 
points  as  may  be  designated  by  the  commissioners  and  without  cost 
to  the  county  in  connection  with  establislied  hl)raries,  clubs  or  other 
institutions. 

Section  3.     Use  of  books : 

Use  of  books  of  said  libraries  shall  be  free  to  residents  under  such 
restrictions  as  commissioners  may  impose ;  provided  no  person  shall 
keep  a  book  longer  than  twenty-one  days. 

Section  4.     Penalties: 

Any  person  who  shall  misuse,  destroy  or  fail  to  return  a  book,  shall, 
upon  conviction,  be  fined  a  sum  not  less  than  three  times  the  original 
cost  of  said  book. 


2.S1 


Pennsylvania — 1 
PEXXSMA'AMA 

STATE  LIBRARY 

Stewart's  Purdon's  Digest  of  Statute  Law, 

Vol.  4,  1910,  Page  4452 

Section   1.     TriLstees: 

Provides  a  board  of  trustees  of  whom  the  <i^overnor,  secretary  of 
the  commonwcaUh  and  the  attorney  g'eneral  shall  be  ex-officio 
trustees. 

Section  2.     Librarian: 

State  librarian  shall  be  appointed  bv  the  .e:overnor.  with  the  con- 
sent of  the  senate,  and  may  be  removed  for  cause. 

Section  3.     Qualifications: 

The  librarian  shall  be  a  person  of  known  literary  and  biblio^-raphic 
attainments;  shall  g'ive  a  bond;  shall  perform  the  usual  duties  of 
a  librarian. 

Section  4.     .Shall  report  annually  to  the  .8;nvernor. 

Section  5.      Librarian  mav  brim;-  suit  to  rec()\-er  librarv  property. 

Section  6.     Hours  of  opening-. 

Section  7.     l^ibrary  stafif. 

Section  S.     Use  of  books: 

Designates  certain  state  officials  whu  may  take  books  from  the  li- 
brary. 

Section  9.     Meetings  of  trustees: 

Trustees  shall  hold  one  annual  meeting,  and  additional  meetings 
at  their  discretion. 

Section  10.     Duties  of  librarian. 

Section    11.     Shall  report  annuallv  to  ihe  Legislature. 

Section  12.     Authorized  to  bring  suit. 

Sectio.ns  13  and  14.      Distribution  of  documents. 

Section   \5.      Repeals  inconsistent  laws. 

Sectio.xs   16 — 22  create  a  division  of  public  records   in  connection 
with  the  state  library. 

Sections  23 — 25.     Catalog: 

I'roxide  for  lb.'  i)rinling  of  the  catalog. 

25.3 


Pennsylvania — 2 

LEGISLATIVE  REFERENCE  BUREAU 

Laws,   1909.  Page  208,  Xn.   143 

Section  1.     Creation: 

Authorizes  the  creation  of  a  legislative  reference  bureau  in  the 
state  library. 

Section  2.     Director : 

Provides  for  the  appointment  of  a  qualified  person  by  the  gl'overnor, 
to  give  bond,  to  have  custody  of  tlie  law  library  and  various  pul)li- 
cations  which  may  be  generally  classed  as  legislative  documents. 

Section  3.     Assistant  director: 

Director,  witli  the  approval  of  the  go\-ernor,  mav  appoint  one  as- 
sistant director  learned  in  the  law,  and  a  stenographer.  The  state 
librarian  may  also  assign  an  emplo3'ee  or  employees  to  work  in  tlie 
reference  division  during  the  session  of  the  assembly. 

Section  4.     Rooms,  etc.     Hours: 

Trustees  of  the  state  library  shall  provide  the  bureau  with  suital)Ie 
rooms  in  the  state  library.     Prescribes  hours  of  opening-. 

Section  5.     Check  lists  and  catalo.gs: 

Director  shall  prepare  check-lists  and  catalogs  and  other  helps. 

Section  6.     Duties: 

Director  and  assistants  shall  neither  oppose  nor  urge  legislation ; 
shall  assist  in  preparing'  bills;  all  work  shall  be  confidential. 

Section  7.     Printing  and  binding: 

Provides  that  necessary  printing  and  binding  shall  be  done  in  the 
public  printing  and  binding  department,  and  that  other  necessaries 
shall  be  furnished. 

FREE  LIBRARY  CO^niTSSIOX 

Stewart's  Purdon's  Digest  of  Statute  Law.  1700-1003, 

V.  2,  Page  2254 

Section  1.     Appointment: 

Governor  shall  appoint  five  persons  who,  with  the  state  librarian, 
shall  constitute  a  free  library  commission;  two  of  the  members 
shall  be  ai^pointed  for  four  years,  three  for  five  vears,  and  all  sub- 
sequent ap])()intments  for  five  years.  The  commission  shall  elect 
a  chairman,  and  state  librarian  shall  be  ex-officio  secretary 

Section  2.     Duties  of  commission.     Traveling  libraries: 

The  commission  shall  give  advice  and  counsel  to  all  free  librarie> 
and  to  all  communities  who  may  pro])ose  to  establish  them,  as  to  the 

254 


PENXSYr.VAXIA — 3 

best  means  of  establishing;'  and  administerinc;  such  libraries,  selec- 
tion of  books,  catalogino-  and  other  details  of  management;  shall 
have  powers  of  general  sujiervision  and  inspection  and  the  right 
to  require  reports.  Commission  shall  also  establish  and  maintain 
out  of  such  sums  as  may  come  into  their  hands  by  appropriation 
or  otherwise  a  s^'steni  of  traveling  libraries  as  far  as  possible 
throughout  the  commonweallh. 

Sr-UTiox  3.     Xo  compensation: 

Xo  member  of  the  commission  shall  receive  anv  comi:)ensation  for 
liis  services  as  a  member. 

LIBRARIES  IX  CITIES,  ETC.     GENERAL  PROVISIONS 

Sti-:\v.\ut'.s  FtjRnoN's  Digkst  of  StatutI':  Law,  1700-1903,  Vol.  3, 
Page  2705  AIuxrtii'AL  Cori-oratioxs,  Art.  1 

Section  1.     Classification  of  cities: 

City  divided  into  three  classes:  those  with  i^oiJulation  of  1,000,000 
or  over,  first  class;  of  100,000  and  under  1,000,000,  second  class; 
of  under  100,000,  third  class. 

Stewart's  Pl-roox's  Digest.  1700-1903,  V.  2,  Page  2254 

Section  4.     Donations: 

It  shall  be  competent  for  any  incorporated  city  within  this  common- 
weallh, and  the  same  is  hereby  empowered,  to  take  and  hold,  an\ 
grant  or  donation  of  money,  Iwoks,  manuscript  or  proj^ertv,  real  or 
])ersonal.  for  the  purpose  of  establishing  a  free  librarv  within  the 
limits  of  such  corporation  and  to  make  provisions  bv  annual  appro 
])riation  for  the  maintenance  of  such  librarv. 

CITIES  OF  THE  FIR.ST  CLASS 

Section  5.     Establishment  and  management: 

Council  of  any  city  of  the  first  class  is  empowered  to  make  appro- 
priations for,  or  in  aid  of,  the  establishment  and  maintenance  of  a 
free  public  library  or  libraries  with  or  without  branches,  within 
said  cities,  u])on  condition  that  the  municipal  authorities  be  repre 
sented  to  the  satisfaction  of  said  council  in  the  administration  of 
said  libraries. 

Section  (>.     Levy: 

Said  council  may  levy  a  tax  not  lo  exceed  two  mills  annuallv  to  be 
known  as  I  he  library  fund. 

SiciTiox  7.     Management: 

Such  li])rary  shall  be  forever  free  for  llic  use  of  tlie  inh;il)ilants  ol 
said  cities,  subject  to  such  reasonable  rules  as  the  board  or  cnm- 

255 


Pennsylvania 

mission  havin.s;  char^^e  may  adopt.  Such  board  or  commission  may 
exclude  any  persons  who  wilfully  violate  such  rules.  Said  board 
or  commission  may  extend  the  privile.s^es  of  such  library  and  read- 
ing-room to  persons  residinc^  outside  of  said  cities,  upon  such  terms 
as  it  may  by  resolution,  prescribe. 

Section  8.     Report: 

Said  board  or  commission  shall  report  annuallv  to  the  council. 

Section  9.     Penalties : 

Councils  of  said  cities  shall  have  power  to  pass  ordinances  imposing 
penalties  for  injviry  to  library  property  or  failure  to  return  books. 

Section  10.     Donations: 

Any  person  desiring  to  make  donations  of  books,  monew  personal 
property  or  real  estate  for  the  benciit  of  such  library,  shall  have  the 
right  to  vest  the  title  to  such  books,  money  or  real  estate,  so  donated, 
in  the  board  or  commission  duly  constituted  for  the  management  of 
such  library,  to  be  held  and  controlled  by  such  board  or  commis- 
sion when  accepted,  according  to  the  terms  of  the  deed,  gift,  devise 
or  bequest  of  such  property,  and  as  to  such  property  the  said  board 
or  commission  shall  be  held  and  considered  to  be  special  trustees. 

Section  11.     x\ll  acts  or  parts  of  acts  inconsistent  herewith  are  re- 
pealed. 

GIFTS  TO  PHILADELPHIA  FOR  BRANCH  LIBRARY 

BUILDINGS 

Section  12.     Contracts  as  to  donations: 

It  shall  be  lawful  for  cities  of  the  first  class  within  this  common- 
wealth to  enter  into  contracts  or  agreements  with  any  person  or 
persons  desiring  to  donate  to  said  cities,  or  to  the  board  or  commis- 
sion duly  constituted  for  the  management  of  free  libraries  in  said 
cities,  any  sum  or  sums  of  monev  to  be  used  for  the  erection  of  free 
branch  libraries  in  such  cities;  or  such  person  or  per.sons  may  con- 
stitute and  designate  such  board  or  commission  in  said  cities  for 
the  management  of  free  libraries  therein,  or  such  other  person  or 
persons  or  corporations  as  he  or  they  may  select  to  represent  him 
or  them  as  a  party  to  such  contracts  or  agreements.  Such  contracts 
or  agreements  may  be  autliorized  by  the  councils  of  said  cities  to  be 
executed  l)y  the  mayor  on  the  part  of  such  cities,  and  when  so  author- 
ized and  executed  in  behalf  of  such  cities  they  shall  be  binding  there- 
on. (\^erbatim) 

Section  13.     Contracts  as  to  donations: 

Said  contracts  and  agreements  may  provide  for  the  acceptance  of 
such  donation  or  donations  of  money  to  be  used  for  the  erection  of 

256 


Pennsylvania — 5 

said  free  l)ranch  liljraries  b)-  the  said  cities,  or  bv  the  board  or  com- 
mission duly  constituted  for  the  manag'enient  of  free  hbraries  there- 
in, and  may  provide  that  said  cities  may  and  shall  acquire  from 
time  to  time,  or  at  any  time  or  times,  to  be  fixed  in  and  bv  the  terms 
of  the  said  contracts  or  ao'reements.  In'  ^ift  or  i)urchase,  sites  upon 
which  sh.-ill  lie  erected  the  said  free  libraries,  or  branches  thereof, 
— the  building-  and  erection  thereof  to  be  without  cost  to  the  said 
cities.  The  sites  so  acquired  shall  be  such  only  as  may  be  assented 
to  and  ai^iM-oved  by  the  said  board  or  commission  for  the  manap^e- 
nient  of  free  libraries  in  said  cities,  and  when  so  acquired  shall  be 
used  for  the  erection  thereon  of  the  said  free  libraries  with  funds 
donated  as  aforesaid,  in  accordance  with  the  terms  of  said  contracts 
and  agreements.  (Verl)atim) 

Section  14.     Same: 

And  thenceforth  said  libraries  so  erected  upon  the  said  sites  shall 
be  used  for  the  purpose  of  free  circulating-  libraries  or  branch  li- 
braries with  reading-  rooms  and  other  facilities  necessarv,  conveni- 
ent or  proper  for  such  use,  and  shall  be  and  remain  under  the  con- 
trol and  direction  of  the  said  board  or  commission  for  the  manage- 
ment of  free  libraries  in  said  cities,  as  now  provided  by  the  act,  to 
which  this  is  a  supplement,  for  the  management  and  control  of  other 
free  libraries  therein.  (Verbatim) 

Section  15.     Same: 

Said  contracts  may  further  ])rovide  for  the  annual  appropriation  by 
the  councils  of  said  cities  of  such  amount  or  amounts  for  the  support 
and  maintenance  of  the  said  free  libraries,  when  and  as  the  same 
shall  be  erected  and  completed,  as  may  be  agreed  upon  by  and  be- 
tween said  cities  and  the  said  donor  or  donors  of  said  moneys,  the 
persons  or  corporations  representing  him  or  them;  and  such  amount 
or  amounts  shall  thereupon  become  a  citv  charge,  notwithstanding 
the  provisions  of  any  act  or  acts  now  in  force  and  notwithstanding 
that  at  the  date  of  said  contract  or  contracts  no  appropriation  shall 
have  been  made  l)y  councils  for  the  iniriiose  thereof;  said  charge  to 
be  annually  jirovided  for  out  of  the  tax  lev\-  of  such  cities. 

(Verbatim) 

Skctio.v  16.     Same: 

Said  contracts  or  agreements  may  i)r()vide  for  changes  in,  or  aban- 
donment of,  the  sites  originally  selected,  if.  m-  when,  such  change 
or  abandonment  may  be  found  necessarv  or  desirable,  and  mav  con- 
tain such  other  terms,  conditions  and  restrictions  for  the  further- 
ance i)f  the  object  and  pur]x)se  thereof,  as  mav  be  so  mutually 
agreed  upon  between  the  said  ])arties.  (Xerbatim) 

Note:  The  foregoing  sections  12-16  were  enacted  Laws  of  l'enns\i- 
vania,  1903,  page  46,  Act  No.  49,  in  two  sections, — the  first  section 

257 


Pennsylvania — 6 

formin_s;'  section  12  and  the  second  section  formino^  sections  13  to 
16  inclusive. 


IN  CITIES  OF  THE  SECOND  AND  THIRD  CLASS 

Section  17.     Establishment: 

Council  may  submit  to  the  voters  of  cities  of  the  second  and  third 
class,  at  the  election  to  be  held  on  the  third  Tuesdav  of  Feliruary 
each  vear,  the  question  of  the  establishment  and  maintenance  of  a 
public  library,  and  must  submit  the  question  if  petitioned  by  not  less 
than  three  per  cent  of  the  voters  re.a^istered  at  the  last  annual  elec- 
tion. At  such  election  the  question  of  establishing-  such  library, 
and  the  rate  of  the  annual  tax,  not  exceeding-  two  mills  on  the  dollar, 
shall  be  submitted.  A  majority  of  tlie  votes  cast  on  the  question 
shall  decide. 

Section  18.     Rate  of  tax: 

Rate  of  tax  so  voted  shall  be  an  annual  tax  until  another  popular 
vote  chang-es  the  same.  Tax  shall  be  in  addition  to  all  other  taxes 
and  shall  be  used  exclusively  for  a  pul^lic  library.  The  funds  shall 
be  under  the  control  of  the  board  of  library  directors  hereinafter 
provided. 

wSiXTiON  19.     Bonds  for  building  fund: 

If  five  per  cent  of  the  voters  in  such  municipality  shall  petition  the 
council  to  submit  the  question  of  creating  a  bonded  indel^tedness, 
for  ground  and  buildings  for  public  librar}-  purposes,  council  must 
submit  the  question  at  the  next  annual  election  as  hereinbefore  pro- 
vided. 

Section  20.     Library  board: 

Public  librarv  shall  be  under  the  control  of  a  board  of  directors  of 
not  less  than  five  or  more  than  nine,  as  determined  by  the  council. 
They  shall  be  appointed  from  the  citizens  by  the  mavor  or  burgess, 
and  confirmed  bv  council.  The  first  appointment  shall  be  one-third 
for  one  year,  one-third  for  two  vears,  one-third  for  three  vears  and 
thereafter  for  three  years.  The  mayor  and  suiierintcndent  of 
schools  shall  be  ex-officio  memliers.  The  boards  shall  organize  In' 
the  election  of  ofticers.  The  treasurer  shall  be  required  to  give 
bond. 

Section  21.     Rules: 

Library  or  reading  room  shall  be  forever  free  to  the  use  of  the  in  • 
habitants  of  said  municipality,  suliject  to  the  rules  of  the  board. 
Said  board  may  exclude  for  violation  of  rules,  and  said  board  may 
extend  privileges  to  non-residents  on  such  terms  as  thev  niay  jire- 
scribe. 

258 


Pennsylvania — 7 

Section  22.     Report: 

Said  board  shall  re])ort  annually  to  the  councils  of  such  munici- 
pality or  borou.a^h. 

Section  23.     Penalties: 

Council  of  said  municipality  has  power  to  pass  ordinances  impos- 
ing;- penalties  for  injury  to  library  property  or  failure  to  return 
books. 

Section  24.     Donations: 

Any  person  desirin^^;  to  make  donations  of  books,  money,  personal 
property  or  real  estate,  for  the  benefit  of  such  library,  shall  have  the 
rioht  to  ve.^t  the  title  of  such  books,  money  or  real  estate  so  donated 
in  the  board,  duly  constituted  for  the  manag-ement  of  such  library, 
to  be  held  and  cotitrolled  by  such  board,  when  accepted,  according-  to 
the  terms  of  the  deed,  gift,  devise  or  bec|uest  of  such  property;  and 
as  to  such  ]M-o])erty  the  board  shall  lie  held  and  considered  to  be 
trustees. 

Section  25.     T. imitations: 

This  act  shall  not  apply  to  any  city  or  borough  wherein  a  free  library 
has  been  heretofore  established,  nor  shall  it  in  any  way  affect  the 
provisions  of  several  previous  acts  recited. 

CITIES  OF  THE  THIRD  CLASS 

Section  26.     Coo])cration  of  libraries  already  established: 

IVIakes  it  lawful  for  a  city  of  the  third  class  to  cooperate  in  the  main- 
tenance of  a  library  already  established:  provided,  that  the  appro- 
priation therefor  does  not  exceed  the  authorized  levy  of  one  mill 
on  each  dollar  and  that  the  association  shall  convert  its  entire  prop- 
erty or  income  derived  therefrom  to  the  use  of  the  library  so  estab- 
lished. 

Section  27.     Use  of  property: 

It  shall  be  lawful  for  a  city  to  dedicate  real  estate  for  the  use  of  such 
library  and  to  l)ind  itself,  by  ordinance,  to  the  maintenance  of  such 
library  to  an  amount  not  to  exceed  the  authorized  rale  of  one  mill  on 
the  dollar. 

Sectio.n  28.     Mamtenance: 

The  school  controllers  of  such  district  are  authorized  to  ap))ro])riate 
the  entire  amount  realized  from  the  library  lax  for  the  maintenance 
and  increase  of  the  library. 

Section  29.     Library  board: 

The  representatives  of  the  corporate  bodies  aforesaid.  ai)))oinled  to 
control  such  library,  shall  under  the  title  of  "manager  of  library", 

259 


Pennsylvania — 8 

be  a  bod}'  politic  and  corporate,  shall  direct  the  affairs  of  said  library, 
make  all  necessary  regulations,  have  power  to  sue  and  be  sued,  may 
adopt  a  common  seal,  receive,  hold  and  dispose  of  property,  shall 
serve  without  compensation;  provided  the  secretary  and  treasurer 
elected  from  the  number  of  said  manag'ers,  shall  receive  compensa- 
tion for  actual  service. 

Section  30.     Report: 

Said  manag"ers  shall  amiuallv  report  to  the  board  of  school  con- 
trollers and  directors  of  the  association. 

Section  31.     Validity: 

Any  as^reement  or  ordinance  heretofore  concluded  is  hereby  de- 
clared valid. 

Section  32.     All  inconsistent  acts  are  hereby  repealed. 


IN  BOROUGHS 

Section  33.     Libraries  already  established: 

Gives  councils  or  borou^-hs  the  right  to  make  appropriations  for  the 
maintenance  of  libraries  established  or  hereafter  to  be  established 
lor  the  use  of  the  residents  of  the  borough,  upon  condition  that  mu- 
nicipal authorities  shall  be  represented  in  the  management  of  such 
libraries  to  the  satisfaction  of  councils. 

Section  34.     Tax: 

Councils  may  appropriate  annually  proceeds  of  a  tax  not  exceeding 
one  mill  on  the  dollar. 

Section  35.     All  inconsistent  acts  are  hereby  repealed. 

Section   36.     Appropriation   of  i)roi)erty: 

Gives  borough  councils  and  school  boards  the  right  to  purchase, 
acquire  or  appropriate  private  property  for  library  purposes. 

Section  37.     Same: 

In  case  of  an  apjiropriation  where  a  price  can  not  be  agreed  upon, 
it  is  referred  to  a  committee  of  three  citizens  as  viewers. 

Section  38.     Same: 

Describes  method  b}-  which  the  viewers  shall  fi.x  compensation  or 
damages  to  l)e  awarded. 

Section  39.     Damages: 

Damages  may  be  collected  by  legal  process. 

Sections  40  and  41.     Any  interested  party  may  file  appeal  from  said 
report  within  twenty  days. 

260 


Pi:\  XSVL\  ANIA 9 

Skctiox  42.     Costs: 

Costs  incurred  in  tlie  proceedino^s  sliall  he  (U'l"ra\cd  1)\-  tlie  1)orong'ii 
council  or  school  boarfl. 

Sectjox  43.     All  acts  inconsistent  herewith  are  repealed. 

Section  44.     Exemption  from  taxation : 

Any  building-  occupied  by  a  free  non-sectarian  library,  and  the  land 
u])on  which  it  stands,  with  necessary  appurtenances  thereto,  shall 
be  exempt  from  taxation,  even  althoug'h  some  portion  of  the  ground 
or  buildinc,-  be  yielding-  rentals,  provided  that  the  net  receipts  of  such 
rentals  be  insufficient  In  maintain  such  lil:)rary  and  are  necessarily 
supplemented  by  other  receipts. 

SiXTioN  45.     Same: 

Any  gifts,  endowments  or  funds  of  a  free  public  library  invested 
in  interest  bearing  securities,  the  income  from  which  is  used  ex- 
clusively for  the  use  of  the  library,  shall  be  exempt  from  any  state 
tax. 

TJRRARTES  IX  CITIES  OF  THE  THIRD  CLASS 

Watt's  Suimm.emkxt  to  Stewart's  Purdox's  Digest.   H)05-1909, 

PAfiE  5C)?)(),  Lii;rar[es: 

Sectiox  1.     Tax  levy: 

It  shall  be  lawful  for  school  controllers  of  such  scho"!  district  to 
appropriate  the  entire  amount  realized  from  the  lew  of  said  library 
tax  authorized  by  law,  to  the  maintenance  of  the  library  established 
and  the  purchase  of  books  therefor;  and  it  shall  be  the  duty  of  said 
controllers  to  levy  annually,  for  the  puri)osc  aforesaid,  a  tax  not  ex- 
ceeding one  mill  and  one-half  of  one  mill,  nor  less  than  one  mill. 

LIBRARIh:S  TX  r.OROL'GHS 

Sectiox  2.     Contract  for  use  of  library: 

.Authori/.es  the  councils  of  bf)roughs  to  contract  witli  the  managers 
or  owners  of  any  existing  non-secta'-ian  public  library  for  a  certain 
sum  i)aid  annually  for  the  free  use  of  such  i)ublic  library  bv  the  resi- 
dents for  such  i)eriod,  not  exceeding  three  years,  as  may  be  agreed 
ui)on. 

Si-;(  TTo.x  3.     Api)roi)riation  : 

i\uthorizes  the  councils  to  appro])riate  annually  for  this  ])uriwse 
not  to  exceed  the  .amount  of  one  mill  on  the  dollar. 

Si-:rTiox  4.      l'Xemi)tion  from  taxation: 

.\11  i)roperty,  including  buildings  and  lands  reasonably  necessai^v 
thereto,   maintained   by   ])ublic   or   ])riv.ite   charitw   established   ex- 

Jf.l 


Pennsylvania — 10 

clusively  for  public  libraries,  muscnnis  or  art  .q-allaries  and  not  estab- 
lished for  profit,  so  long-  as  sucli  public  use  continues,  sliall  be  ex- 
empt from  taxation. 

Section  5.     All  acts  inconsistent  herewith  are  repealed. 


FREE  PUBLIC  LIBRARIES  IN  MUNICIPALITIES 

Laws.  1007,  T'ack  421.  No.  290 

Section  1.     Establishment: 

For  the  purpose  of  establishing  and  maintaining  free  public  li- 
braries on  a  permanent  basis,  authority  is  given  to  town  councils  of 
all  municipalities  except  cities  of  the  first,  second  and  third  class. 
townships  and  counties,  as  now  conferred  upon  the  town  councils 
of  the  boroughs  of  this  state,  to  make  appropriation  for,  or  in  aid  of, 
the  establishment  or  maintenance  of  free  public  library  or  libraries 
now  incorporated  or  that  may  hereafter  be  incorporated  in  any  of 
the  said  municipalities,  upon  condition  that  the  municijial  authori- 
ties shall  be  represented  to  the  satisfaction  of  said  council  in  the 
management  of  such  librarv  or  libraries. 


"•.•"i^ 


Section  2.     Appropriation: 

Said  council  to  make  appropriation  annually  for  the  establishment 
and  maintenance  of  said  library  or  libraries. — the  amount  not  to  ex- 
ceed one  mill  on  the  dollar. 


Laws,  1907,  Pace  151,  No.  115 

Section  I.     Joint  maintenance  and  use: 

Authorizes  in  any  township  or  borough  surrounding  a  city  of  the 
third  class,  or  borough,  that  school  directors  mav  join  in  the  estab- 
Hshment  and  maintenance  of  a  free  non-sectarian  library  in  said 
city  of  the  third  class,  expense  to  be  home  in  such  proportion  as  may 
be  agreed  upon  for  that  purpose.  The  school  authorities  may  levy 
a  tax  provided  for  in  the  act  of  which  this  is  a  supplement. 

(1895) 

SEtTio.N'  2.     Joint  library: 

Gives  the  right  to  a  township  or  borough  to  join  with  a  city  or 
boroug-h  in  inaintaining  jointlv  a  library  lor  their  joint  benefit. 

Section  3.     Report: 

-Managers  of  such  public  library  to  rei>)rt  annually  to  schuul  boards 
furnishing  the  aid. 

262 


I  *i;.\  XS  V  lAAX  lA 1  1 

LIBRARIES  TX  T(  )\\XS1 1 1 1'S  AND  COUNTIES 

Watt's  Supplement  to  Stewart's  Pukdon's  Digest,  1905-1909, 

Pa(;i-.  5C^?>f-> 

Section  6.     Estal)lishment : 

Same  authority  is  given  to  the  town  councils  of  all  municipalities 
except  cities  of  the  first,  second  and  third  classes,  townships  and 
counties,  that  is  now  conferred  upon  other  town  councils  or  hoards 
of  this  state  to  make  appropriations  for  or  aid  in  the  estahlishment 
and  maintenance  of  free  puhlic  lihraries  that  may  hereafter  be  in- 
corporated for  the  use  of  residents  of  the  said  municiimlilics,  upon 
condition  that  the  municipal  authorities  shall  be  represented  to  the 
satisfaction  of  said  councils  in  the  manas^ement  of  such  library  or 
libraries. 

Section  7.     Appropriation: 

Councils  may  appropriate  annually,  for  this  inirixisc.  not  lo  exceed 
one  mill  on  the  dollar. 

Section  8.      Re])eals  all  acts  inconsistent. 

Section  9.  Gives  a  townshi]^  or  boroui^'h  surrounding-  or  adjoining 
any  city  of  the  third  class  or  a  liorough,  the  same  powers  given  in 
section  68. 

Section  10.  Gives  the  townshi])  or  borough  the  same  i)o\vers  in  rela- 
tion to  cities  of  the  third  class  or  a  l)orough,  as  given  in  section  (VK 
ante. 

Section  11.      I'racticrdlv  the  -ame  as  section  70. 

Section   12.     Tax: 

Makes  it  lawful  for  llic  school  board  lo  lew  a  lax,  not  exceeding 
one  and  one-quarter  mills,  for  the  sujiport  of  such  library,  and 
when  such  libr.nry  is  e-lablished,  makes  it  their  dutv  to  levy  a  tax  of 
not  less  than  one  mill,  excei)t  where  a  fixed  revenue  from  oilier 
sources  would  make  their  total  income  exceed  the  amount  of  a  \v\\ 
of  one  and  f)ne-(|uark'r  mills. 

CL.\ssib'ic.\  riox  oi"  SCHOOL  distrk  rs 

Laws,  1<)11.  I'a,;,.;  309 

An  Act  to  Estaiu-isii  a   I'riii.u-  Sriiooi,  S^■STl•;M,  Art.  1 

Section  101.     Conslilulion  and  classification  of  school  districts: 
Each  city,  incorporated  town,  borough  or  township  in  this  common- 
wealth, now  existing  or  hereafter  created,  shall  constitute  a  separate 
school  district:  and  the  several  school  districts  thus  established  are 
divided  into  four  classes,  as  follows: 


Penxsylvaxia — 12 

Section  102.     District  of  first  class: 

Each  school  district  havin.Qf  a  population  of  five  hundred  thousand 
or  more  shall  be  a  school  district  of  the  first  class. 

Section  103.     District  of  second  class: 

Each  school  district  having-  a  population  of  thirty  thousand  or  more 
but  less  than  five  hundred  thousand  shall  be  a  school  district  of  the 
second  class. 

Section  104.     District  of  third  class: 

Each  school  district  havin.s;'  a  population  of  five  thousand  or  more 
but  less  than  thirtv  thousand  shall  be  a  school  district  of  the  diird 
class. 

Section  105.     District  of  fourth  class: 

Each  school  district  having-  a  population  of  less  than  five  thousand 
shall  be  a  school  district  of  the  fourth  class. 

SCHOOL  LIBRARIES 

Laws.  1911.  Pace  422 

An  Act  to  Establish  a  Pui-.lic  School  System.  Art.  25.  Public 

School  Libraries 

Section  2501.     jMana.gement  of  libran^: 

In  each  school  district  of  the  second,  third  or  fourth  class  in  which 
there  is  now  or  hereafter  may  be  a  public  school  library,  such  library 
may  be  imder  the  management  of  the  board  of  school  directors  or 
of  a  board  of  seven  library  trustees  as  herein  provided,  as  the  board 
of  school  directors  may  determine. 

Section  2502.     Library  trustees : 

In  each  school  district  of  the  second,  third  or  fourth  class,  where 
the  library  is  put  under  the  management  of  a  board  of  seven  library 
trustees,  such  board  shall  be  constituted  as  follows:  I'ive  librar\r 
trustees  not  members  of  the  board  of  school  directors  shall  be  elected 
by  the  school  directors  from  the  school  district  at  large:  the  trustees 
so  elected,  together  with  the  president  of  the  board  of  school  direc- 
tors and  the  district  sui)erintendent,  if  any,  or  if  there  be  no  district 
superintendent  then  the  vice-president  of  the  board  of  school  direc- 
tors,— shall  constitute  the  board  of  seven  librarv  trustees. 

Section  2503.     Library  trustees: 

The  board  of  school  directors,  in  any  school  district  where  the 
jjublic  school  library  is  under  their  managfement,  may,  at  any  time 
hereafter,  place  .such  library  under  the  manag^ement  of  a  board  ot 
seven  library  trustees  as  herein  provided,  bv  a  resolution  adopted  by 
a  majority  vote  of  the  board. 

264 


PENNSY1.VANIA — 13 

Sectiox  2504.     Terms  of  truslees: 

First  appointment  of  five  trustees  shall  l)e  for  one,  two,  three,  lour 
and  five  years,  respecli\ely, — tlicreafter  annuallv  one  for  five  years. 
Ap])ointments  to  he  made  during-  June;  terms  to  l^e.g-in  on  the  first 
day  of  July  followin.s^. 

Sectiox  2505.     Organization  of  trustees: 

Lihrary  trustees  herein  iM-oviikd  shall  organize  annuallv  on  the 
first  Monday  in  fulv,  hy  the  election  of  a  president.  Secretary  ot 
board  of  school  directors  shall  he  ex-officio  secretary  of  board  of  li- 
brary trustees. 

Section  2506.     Duties: 

Subject  to  the  apjM'oval  of  the  hoard  of  school  directors,  trustees 
.shall  make  rules  for  its  own  meetings  and  for  the  lihrary;  shall  have 
charge  and  supervision  of  the  lihrary,  purchase  hooks,  maps,  etc. ; 
appoint  a  librarian  and  other  employees,  and  do  all  other  things 
necessary  for  its  government,  preservation  and  maintenance. 

Section  2507.     Approi)riation: 

Board  of  school  directors  may  annually  appropriate  for  the  main- 
tenance of  such  school  library,  out  of  school  taxes,  such  sums  as  it 
may  deem  jiroper,  not  exceeding  one  mill  on  the  dollar;  jirovided, 
that  when  a  library  is  first  established,  tlie  board  of  directors  may 
provide  for  the  building  and  establishment  of  such  a  public  librarv 
or  for  the  enlargement  of  the  librarv.  in  like  manner  as  any  public 
school  building  mav  be  built  or  enlarged. 

Section  2508.     Payments: 

All  moiiev  i)aid  on  account  of  an\-  ])nblic  school  librarv  shall  he  i)aid 
bv  a  regular  school  order,  as  other  school  funds  are  paid.  Pi-o- 
vided,  that  such  i)ayments  shall  be  first  aiii)roved  by  the  hoard  ot 
liljrary  trustees  if  there  be  such  a  hoard. 

Section  2509.     Xo  compensation.     iMJling  of  vacancies: 

Library  trustees  shall  serve  willioul  comi)ensation.  Vacancies  .sliall 
he  filled  by  the  school  directors. 

Si;cTi()X  2510.     Cooi)cration  in  the  establishment  of  a  library: 

Instead  of  maintaining  a  sej^arate  school  library,  any  board  of  school 
directors  may  ioin  with  an  individual  or  an  association  in  the  main- 
tenance of  a  frc'.'  ])ublic,  non-sectarian  libr.arv,  under  such  agree- 
ment as  may  be  decided  Ujion. 

SiiCTiox  2511.     Circulation: 

School  directors  or  library  trustees  mav  circulate  books  and  collec- 
tions among  ihc  several  schonN,  or  mav  eslabli-^h  branch  libraries. 

265 


Pennsylvania — 14 

Section  2512.     Books  added: 

When  a  collection  of  books  has  been  furnished  l:)y  subscrij^tion  or 
otherwise,  the  school  directors  shall  provide  a  suitable  place,  and 
case  or  cases,  for  such  collection;  but  no  books  shall  be  put  into  a 
public  school  library,  by  gift  or  otherwise,  without  the  approval  of 
the  library  trustees  or  the  school  directors. 

Section  2513.     Hours.     Use  by  non-residents: 

School  directors  or  library  trustees  shall  provide  for  keeping  library 
open  at  specific  and  convenient  hours;  may  permit  the  use  by  resi- 
dent of  other  school  districts,  under  such  conditions  as  they  may 
prescribe. 

Section  2514.     Finances: 

Receipts  and  expenditures  sliall  be  audited  by  the  proper  school 
district  auditors,  and  included  in  their  reports. 

Section  2515.     Reports: 

Librarians  or  trustees  of  all  public  school  libraries  shall  report  to 
the  state  librarian,  and  to  the  sujierintendent  of  public  instruction, 
at  such  times  and  in  such  manner  as  thev  mav  request. 

Section  2516.     Act  takes  effect  Julv,  1911: 

This  act,  so  far  as  it  relates  to  public  school  libraries  established 
wholly  by  any  school  district  of  the  second,  third  or  fourth  class, 
shall  take  effect  on  the  first  Monday  of  July,  1911, — at  which  date 
the  office  of  all  public  school  library  trustees  then  serving  by  ap- 
pointment of  any  board  of  school  directors  sliall  be  abolished. 

(Verbatim) 

Section  2517.     Joint  ]niblic  school  library: 

Two  or  more  school  districts  may  unite  to  establish  and  maintain  a 
joint  jmblic  school  library,  or  may  aid  in  the  support  of  a  library  as 
herein  provided.  Trustees  of  such  librarv  mav  be  apiiointcd  either 
b}'  the  directors  of  the  district  or  l)y  the  joint  school  committee. 

Laws,  1915,  Page  631,  Act  270 

Section  7  adds  the  following  section  to  the  foregoing: 

Section  2518.  When  two  school  districts  are  consolidated  and  each 
of  such  districts  maintains  a  library  vmder  the  management  of  li- 
brarv trustees,  such  boards  shall  be  merged  into  one  board;  there- 
after annually  one  trustee  shall  be  appointed.  After  the  merging 
of  such  boards,  the  said  boards  mav  discontinue  any  one  of  the 
libraries  under  its  supervision. 

266 


Pennsylvania— 1 5 

Laws,  1911,  Pace  329 

Article  IV 

Section  401.     Duties  and  powers  of  school  trustees: 

The  board  of  school  directors  in  every  school  district  shall  estab- 
lish and  maintain  a  sufficient  numljer  of  elementary  public  schools 
to  educate  every  person  in  such  district  between  the  ages  of  six  and 
twenty-one  who  may  attend.  They  may  establish  and  maintain 
the  following-  additional  schools  or  departments  for  tlie  education 
and  recreation  of  persons  residing  in  such  district.  Each  such  ad- 
ditional school  or  deimrtment,  when  established,  shall  be  an  integral 
part  of  the  public  school  system  in  such  school  district  and  shall  be 
so  administered,  namely: 
High  schools 
Manual  trainings  schools 

Libraries 

Museums 

Reading-rooms 
*       *       * 

Public  lectures. 

Section  402.     School  boards  may  lew  tax: 

In  order  to  establish,  enlarge,  equip  and  maintain  any  scnool  or  de- 
partment herein  provided,  or  for  any  school  indebtedness,  or  to 
enable  it  to  carry  out  any  provisions  of  this  act,  the  board  of  school 
directors  in  each  school  district  is  vested  with  all  necessary  author- 
ity and  power,  annually  to  levy  and  collect  tlie  necessarv  taxes  re- 
quired in  addition  to  the  state  ai^propriation,  and  shall  have  all 
necessary  jxjwer  to  carry  out  any  or  all  provisions  of  this  act. 

Article  V,  School  Finances 

Section  501.     Finances: 

All  taxes  re(|uircd  by  any  school  district  in  this  connnonwcrdth  in 
addition  to  the  state  appropriation  shall  be  levied  by  the  board  of 
school  directors  tlicrein.  (Verbatim) 


207 


Porto  Rico — 1 
PORTO  RICO 

INSULAR  LIBRARY 

Compilation  of  Revised  Statutes  and  Codes,  1913,  Page  326 

Section  1695.     Creation: 

The  public  library  which  actually  exists  in  the  city  of  San  Juan, 
shall  constitute  the  Insular  Library  of  Porto  Rico,  and  as  such  is 
made  the  depository  of  all  books,  documents,  etc.,  of  the  leg-islative 
assembly  and  the  several  departments  of  the  Insular  .s:overnment. 

Section  1696.     Administration  of  the  Insular  library: 

Is  vested  in  a  board  of  trustees  composed  of  the  commissioner  of 
education,  commissioner  of  the  interior,  secretary  of  Porto  Rico 
and  four  other  persons  appointed  for  a  term  of  three  vears  by  the 
governor  with  the  consent  of  the  executive  council. 

Section  1697.     Rules: 

Trustees  shall  prescribe  such  rules  as  may  be  necessary  for  the  ad- 
ministration of  the  library. 

Section   1698.     Organization: 

Commissioner  of  education  and  commissioner  of  the  interior  shall 
be,  respectively,  president  and  vice  president  ex-officio.  The  board 
shall  appoint  a  secretary  and  treasurer  from  among  its  members. 

Section  1699.     L'se  of  library : 

Members  of  the  assembly  and  other  officials  named  shall  have  the 
right  to  draw  books. 

Section    1700.     Regulations  by  which  other  persons    may    use  the 
library. 

Section   1701.     Public  Documents: 

Co])ies  of  all  public  documents  of  various  dei^artments  are  deposited 
in  the  library. 

Section  1702.     LTpon  the  organization  of  the  board,  all  the  property 

of  the  San  Juan  library  shall  be  turned  f)ver  to  it.     • 
Section    1703.     All  inconsistent  laws  are  hereby  repealed. 
Section  1704.     Act  to  go  into  effect  on  its  ai)proval. 

AIUSLUM  OI-  HISTORY  AND  ARCITAh:OLOGV 

Section   1703.     ICstal)lishment: 

The  board  of  trustees  of  the  Insular  Library  of  Porto  Rico  is  hereby 
authorized  to  establish  a  museum  for  the  collection  and  ])reservation 
of  articles  illustrative  of  the  archaeology  and  history  of  the  Island 
of  Porlo  Rico.  The  said  board  of  trustees  is  authorized  to  receive 
as  gift  til  The  I'eople  of  Porto  Ricd,  or  on  dei)osit,  any  objects  of 

269 


Porto  Rico — 2 

this  character  which  shall  he  exhibited  to  the  public  with  suitable 
marks  and  labels  indicating  the  nature  of  the  objects  and  the  name 
of  the  giver  or  depositor.  The  said  board  of  trustees  is  authorized 
to  solicit  the  co-operation  of  municipal  authorities  and  private  per- 
sons in  the  collection  of  such  material. 

Section  1706.     Expenses: 

The  expenses  of  correspondence  and  transportation,  and  of  install- 
ing the  exhibits  in  suitable  cases  shall  be  charged  against  the  ap- 
propriation "Contingent  expenses.  Insular  Lil)rary,"  but  this  fund 
shall  not  be  used  to  the  detriment  of  the  work  of  the  library  itself 
nor  shall  it  be  used  for  the  purchase  of  material. 

Section  1707.     Act  effective  when: 

This  act  shall  take  effect  July  first,  nineteen  hundred  and  five. 


270 


Rhode  Island — 1 
RHODE  ISLAND 

S'I\\TE  LIBRARY 

General  Laws,  Ri:\  isfon  of  1909,  Page  191,  Chapter  38 

Section  1.     Care  of  lihrarv  : 

Secretary  of  state  shall  have  the  care  of  the  state  lihrarv,  except 
the  law  library.      (  I".  L.  DOl). 

Section  2.     Appropriations: 

Appropriates  thirteen  hnndred  dollars  ($1300)  for  the  state  library. 

(L.  L.  1906) 

Section  3.     Report : 

Secretary  of  state  shall  report  annually  to  the  g'eneral  assembly. 

(P.  L.  1901). 

Section  4.     Librarian: 

State  librarian  shall  be  appointed  at  the  January  session,  1910,  and 
eyery  third  vear  thereafter,  by  secretary  of  state  with  the  consent 
of  the  senate,  for  three  years,  to  receive  a  salary  not  to  exceed 
sixteen  hundred  dollars  ($1600).  (P.  L.  1905,  P.  L.  1907). 

Section  5.     Exchan,o-es: 

Duty  of  state  librarian  to  exchange  documents  with  nations,  states, 

etc. 
Section  6.     Departments  may  distribute  their  own  publications. 

Section  7.     Exchanges  shall  be  made  with  the  state  libraries  of  other 
states. 

Section  8.     Supply  of  publications: 

Each  state  officer  on  rc(|uisition  of  the  state  libarian  shall  sui)i)ly  the 
state  librarian  with  a  sufficient  number  of  each  publication. 

Section  9.     Distribution  of  publications: 

Librarian  shall  distribute  publications  to  the  several  libraries  of 
the  state  on  application. 

Section   10.     Publications  for  exchan,q-e: 

Twenty-five  copies  of  every  volume  published  bv  the  state  shall  be 
transmitted  to  the  state  librarian  for  exchang-e. 

LAW  LIBRARY 

Section   11.     Publications: 

All  judicial  decisions  and  slaUiles  to  be  i)laced  in  (he  law  library. 

Section  12.     Librarian: 

Supreme  court  to  have  custody  of  law  library  and  shall  ajipoint  a 
librarian. 

271 


Rhode  Island — 2 

Section  13.     Appropriation: 

Appropriates  four  thousand  dollars  ($4000)  for  the  purchase  and 
binding  of  books  for  law  library. 

RHODE  ISLAND  &  NEWPORT  HISTORICAL  SOCIETY 

Section  14.     Ap])ropriation: 

Appropriates  fifteen  hundred  ($1500)  for  the  Rhode  Island  His- 
torical Society,  and  five  hundred  dollars  ($500)  for  the  Newport 
Historical  Society. 

Section  15.     Reports: 

The  Rhode  Island  and  the  Newport  Historical  Society  shall  report 
annually  to  the  General  Assembly. 

Section  16.     All  volumes  purchased  by  these  societies  shall  be  marked 
plainly  as  property  of  the  state. 

LEGISLATIVE  REFERENCE  BUREAU 

Section  17.     Establishment: 

Provides  for  the  establishment  of  a  legislative  reference  bureau  in 
the  state  library,  which  shall  collect  and  arrange  books,  pamphlets 
and  other  material  relating  to  legislation,  abstracts  of  laws  in  other 
states,  and  present  such  other  information  as  may  be  useful  to  the 
General  Assembly. 

Section  18.     x^ssistants.     Appropriation: 

Provides  assistants  for  the  state  librarian,  and  appropriates  twen- 
ty-three hundred  dollars  ($2300)  for  the  work  of  this  bureau. 

STATE  AID  TO  LIBRARIES 

General  Laws,  Revision  of  1909,  Page  265,  Chapter  63 

Section  6.      [State]  board  of  education: 

Board  of  education  may  cause  to  be  paid  annually  for  the  use  of 
each  free  public  library  established  in  the  state,  to  be  expended  for 
the  purchase  of  books,  a  sum  not  exceeding  fifty  dollars  ($50)  for 
the  first  five  hundred  volumes  included  in  such  librarv,  and  twenty- 
five  dollars  ($25)  for  evcrv  additional  five  hundred  volumes  there- 
in; provided  that  the  annual  jiayment  for  the  benefit  of  any  such 
library  shall  not  exceed  fi\e  hundred  dollars  (S500). 

.SECTION  7.     Regulations: 

[State]  board  of  education  shall  establish  rules,  ])rescribe  character 
of  books  which  constitute  such  library,  and  regulate  the  manage- 
ment of  such  library  so  as  to  secure  the  free  use  of  same  to  the  peo- 
ple of  the  town  or  neighborhood.      No  librarv   shall  receix'e  an}- 

272 


Rtiodk  Isi.axi) — 3 

benefit  under  the  foresi'oino:  provisions,  unless  sucli  rules  have  been 
complied  with. 

TRA\TJJNG  LIP.RARIES 

Section  8.     Establishment.     Maintenance: 

[State]  board  of  education  is  authorized  to  establish  and  maintain 
a  system  of  traveling-  libraries,  and  to  render  aid  to  libraries  which. 
estal)lish  l)ranch  or  visiting"  li])raries.  The  sum  of  one  thousand 
dollars  ($1,000)  is  hcreliy  apin-ojirialed  to  carry  out  the  provisions 
of  this  section. 

Note:  This  was  amended,  Acts  and  Resolves,  1911,  chapter  678, 
to  increase  the  amount  to  two  thousand  dollars  ($2,000)  annuallv. 
It  was  a'jain  amended,  Acts  and  Resolves,  1915.  chapter  1212,  to 
increase  the  amount  to  two  thousand,  five  hundred  dollars  ($2,500) 
annually. 

FREE  PUBLIC  LIBRARIES  IX  TOWNS 
General  Laws,  Revision  of  1909,  Pace  240.  Chapter  53 
Section  1.     Donations: 

In  case  any  library  or  fund  for  the  establishment  thereof  mav  be 
offered  to  any  city  or  town  on  the  condition  that  said  library  shall 
be  maintained  as  a  free  public  librarv,  the  citv  council  of  any  citv, 
or  town  council  of  any  town,  is  herebv  authorized  to  accept  such 
gift  in  behalf  of  the  city  or  town.  (Verl)atim) 

Section  2.     Establishment : 

When  any  city  or  town  shall  establish  a  pu])lic  li])rary,  the  city  or 
town  council  shall  elect  a  ])oard  of  not  less  than  three,  nor  more 
than  seven  trustees,  in  three  groups,  by  law;  the  term  of  the  first 
group  expiring  in  one  year,  the  second  in  two  years,  and  the  third 
m  three  years;  thereafter  the  terms  to  be  three  years;  vacancies 
to  be  filled  in  the  same  manner. 

Section  3.     Duties  of  trustees: 

They  shall  take  possession  of  proiKMiv,  jiroxide  rooms,  choose  staff, 
fix  compensalicm,  make  rules;  prox'ided,  tliat  no  fee  for  the  use  of 
books  shall  ever  be  exacted. 

Section  4.     Sui)port : 

Each  city  or  town  shall  annualh-  ai)propriate  for  the  librarv  an 
amount  at  least  as  much  as  that  which  the  lil)rary  shall  receive  from 
the  state.  .\11  aijjjroprialions  shall  be  subject  to  exclusive  control 
of  the  trustees. 

Section  5.     Gifts: 

In  case  of  any  bequest,  legacy  or  gift  to,  or  in   fa\'or  of,  a  i^ublic 

273 


Rhode  Isi-axu — \ 

library,  tlie  trustees  thereof  are  authorized  and  empowered  to  accept 
the  same  in  liehalt  of  and  for  tlie  use  of  the  hbrary,  and  their  receijit 
shall  be  a  full  and  sufficient  dischar^^e  and  release  to  any  executor, 
administrator  or  other  jierson  authorized  to  make  the  payment 
thereof.  (Verbatim) 

Acts  and  Resolves,  1914,  Page  52,  Chapter  1036 

To  amend  Section  5  of  Chapter  46  of  the  General  Laws : 

The  electors  in  any  town  or  city  voting  at  any  meeting-  for  the  elec- 
tion of  town  officers  or  members  of  city  council,  mav  appropriate  a 
sum  not  exceeding  twenty-five  cents  (25c)  on  each  one  hundred 
dollars  ($100),  for  the  foundation  of  a  free  public  library  with  or 
without  branches,  which  shall  be  used  under  regulations  prescribed 
by  the  town  or  city  council. 

EXEMPTION  FROM  TAXATION 

General  Laws,  Revision  of  1009,  Chapter  56 

Section  2.  The  following  property  and  no  other  shall  be  exempt 
from  taxation:  *  *  *  ^jig  property,  real  and  personal,  held 
for  or  by  any  incorporated  library  or  society,  or  any  free  public  li- 
brary, or  free  public  library  society,  so  far  as  said  property  shall  be 
held  exclusively  for  library  purposes,  or  for  the  aid  or  support  of 
the  aged  poor,  or  for  the  aid  or  support  of  poor,  friendless  chil- 
dren, or  for  the  aid  or  support  of  the  poor  generally;     *     *     * 

(Verbatim) 

PENALTIES  IMPOSED  FOR  INJURING  LIBRARY 
PROPERTY.  ETC. 

General  Laws,  Revision  of  1909,  Page  1268,  Chapter  345 

Section  55.     Penalty  for  injuring  i^-operty: 

Every  person  who  wilfully  or  maliciously,  or  wantonlv  and  without 
cause,  writes  upon,  injures  or  destroys  any  book,  i^amphlet  or  other 
property  belonging  to  any  law,  town,  citv  or  other  free  pulilic  or 
reference  library,  or  sufifers  such  injury  to  be  inflicted  while  said 
property  is  in  his  custody,  shall  be  fined  not  more  than  twenty 
dollars  ($20)  the  same  to  be  for  the  use  of  the  library. 

(Verbatim) 

Section  56.     Penalty  for  detaining  property: 

Every  person  who  shall  take  or  borrow  from  any  public  library  any 
book,  ])ami)hlet  or  other  property  and  who,  upon  neglect  to  return 
the  same  within  the  time  specified  by  the  rules,  has  been  notified  by 
the  proi)er  custodian  that  the  same  is  overdue,  shall,  upon  further 
neglect  to  return  the  same  within  two  months  from  the  date  of 

274 


RlIODli  Isi.AXl) 5 

such  notice,  or  upon  neglect  to  pay  llie  cliars^es  on  tlie  property,  be 
giiilty  of  a  misdemeanor,  and  shall  he  fined  not  more  than  ten  dol- 
lars ($10),  the  same  to  be  for  the  use  of  the  library.  A  written  or 
printed  notice  g'iven  personally  or  sent  by  mail  to  a  last  known  or 
rei;istcrcd  i^lace  of  residence  shall  be  considered  sufficient  notice. 


275 


Sorrii  Carolina — 1 
SOUTH  CAROLINA 

STATE  LIBRARY 

Code.  1912 

Section  834.     Librarian : 

General  as'^embly  shall  elect  a  state  lil^rarian,  whose  term  of  office 
shall  1)e  tor  two  vears. 

Section   835.     Duties: 

State  lil)rarian  shall  have  charo^e  of  the  property  of  the  state  com- 
niitted  to  liis  care  and  shall  i^erforni  the  duties  re(|uired  by  the 
lioard  of  trustees. 

Section  836.      1  'rovides  salary. 

Section  837.     Oath  of  office.    Bond. 

Section  838.     Board  of  trustees : 

The  g'overnor,  secretary  of  state,  superintendent  of  education,  and 
their  successors  in  office,  shall  constitute  exofficiis  a  board,  desi.s^- 
nated  the  board  of  trustees  of  the  state  lil)rary. 

Section  830.     Powers  of  trustees: 

Said  board  shall  have  power  to  expend  anv  monies  appropriated 
for  the  library,  to  make  convenient  rules  for  its  care  and  manag^e- 
ment  and  to  regulate  tlu"  state  library  to  the  best  advanta.s^e  of  the 
citizens  of  the  state. 

Section  840.     Same: 

Trustees  shall  be  empowered  to  accept  and  retain  donations,  receive 
and  (lisl)urse  any  funds  obtained  bv  ,i^ift. 

Section  841.     Unl)ound  volumes: 

Shall  cause  to  be  bound  such  volumes  as  in  their  judynient  it  may 
be  necessary  to  bind. 

Section  842.     Sale  of  books: 

Trustees  are  em])owered  to  sell  surjjlus  books. 

Section  843.     l'Jei)ort : 

Trustees  re(|uircd  to  re])()rt  annually  to  the  j^encral  assembly. 

SrPREME  COCRT  Lir.RARY 

Section  3820.      Librarian: 

Supreme  court  shall  apjioint  a  niessen.c:er  of  the  court  hl)rarian  who 
shall  be  in  charge  of  tlie  lil)rarv  of  the  court;  provides  salarv. 

277 


South  Caroltxa — 2 

Section  187.      Legislalive  library  : 

Provides  for  annual  appropriation  f<ir  the  inuxhase  of  a  lil)rary  for 
the  use  of  members  of  the  senate  and  house  of  representatives. 

PUBLIC  LTRRARTES 

Skctiox  3055.  Anv  town  or  citv  niav  subscril)e  for  the  maintenance 
of  a  free  pubhc  Hbrarv  to  lie  conchicted  under  such  rules  as  may  be 
prescribed  bv  the  board  of  aldermen  or  council. 

Before  anv  such  subscrijition  can  be  made,  ths  question  ot  makinjif 
the  same,  with  the  amount  and  terms  thereof,  shall  be  sulnnitted  to 
the  (jualified  voters,  by  resolution  of  the  board  of  aldermen  or  coun- 
cil, u])on  the  ]ietition  of  the  majoritv  of  the  free-holders  thereof. 

Section  3056.     Conduct  of  election : 

The  board  of  aldermen  or  council  shall  i>rovide  for  the  conduct  of 
such  election  after  orivinar  two  weeks'  notice  thereof  in  some  news- 

lia])er  published  in  such  citv  or  town  and  shall  furnish  the  ballots 
to  l)e  voted. 

The  board  of  aldermen  or  council  shall  receive  the  returns  and  de- 
clare the  results,  and  liv  resolution  make  the  subscription  or  enter 
their  refusal  of  record. 

I'Llections  for  such  jnu'pose  shall  not  be  held  within  two  vears  of  each 
other. 


SCHOOL  LIBRARIES 

SiuTiox  IJ'X'k     Fund  for  free  librarv: 

W  henever  the  friends  of  a  free  ]ml)lic  school  shall  raise  l)v  a  private 
subscription  and  tender  to  the  count v  treasurer  for  the  establish- 
ment of  a  library  the  sum  of  ten  dollars  ($10.00),  the  county  board 
of  education  shall  appro])riate  from  the  same  school  district  fund 
the  sum  of  ten  dollars  ($10.00),  together  with  ten  dollars  ($10.00) 
from  the  g^eneral  count}'  school  fund  for  a  suitable  book  case. 

Section  1797.     Prescrilies  the  form  of  pavment. 

Section  1798.     Selection  of  books: 

Local  board  of  trustees  shall  select  I)ooks  from  a  list  furnished  by 
the  state  board  of  education.  State  board  of  education  shall  make 
rules  for  government  of  libraries. 

Section  1799.     Rules: 

Trustees  of  every  library  shall  carrv  out  rules  of  state  board  and 
provide  for  locking  U])  the  books  when  not  in  ii.se. 

27R 


South  Carolina — 3 

Sf.ctiox   1800.     Exchanges: 

Trustees  of  two  or  more  libraries  nia\-,  1)\-  a^'reeiiK-nl,  exelian^'c 
libraries. 

Skctiox  1801.     Ajipropriation: 

The  Slim  of  five  thousand  dollars  to  he  annually  appropriated,  to 
he  expended  under  the  ))ro\'isions  of  section  1/06. 

Skc'iiox   1802.     Number  of  schools: 

.\ol  more  than  twenty-five  schools  in  an\-  countv  shall  be  enlillcd 
to  the  benefit  of  section  17%. 

Si-!  TidX  1803.     Additional  funds: 

Whenever  friends  of  any  free  public  school  shall  raise  five  dollars 
($5.00),  the  county  Ijoard  of  education  shall  ap])roi)riate  i\\x'  dollars 
(S5.00)  and  the  state  board  of  education  shall  remit  fwx'  dollars 
($5.00).  The  money  thus  collected  shall  be  used  for  the  enlarg^e- 
nient  of  the  library. 

Sfatio.x  1804.     Condemned  books: 

It  shall  be  imlawful  to  use  any  books  which  have  been  condemned 
or  disa])])ro\c'd  b\'  the  state  board  of  education. 

Sril(K)L   DISTRKT    LIBRARIES   IN   CERTAIN  COUXTTES 

AcT.s  AND  Jf)ixT  Re.soi.utioxs  OF  TiTK  Gfxkrat.  ,\ssl■;^rT■,I.^•,   1013. 

Pack  100,  No.  127 

Skctiox  1.  Trustees  in  certain  school  di-^tricts  authorized  lo  main 
tain  libraries.  In  school  districts  in  which  are  situated  towns  or 
cities  of  more  than  three  thousand  inhabitants,  the  trustees  aic 
authorized  to  api)ri)priate,  out  of  (be  annu.al  levy  for  such  schools, 
not  exceeding  three  i)er  cent  for  the  i)m-chase  and  maintenance  of 
libraries:  provided,  tb.al  the  ])ro\isions  of  this  act  shall  ai)plv  only  lo 
Spartan  si  )ur,ij  Countv. 

AcT.s  AXi)  JoiXT  Rf:soi.uti(.)Xs  oi-  Till'    G|';xi-;k.\i.  .\ssh;M  l!l.^■,    1';14, 

Pa<;f.  013,   .\o.  504 

Skc'iiox    1.      School  district  number  ibirt\-six.   Marion  ('ount\-: 
Provides  that  this  school  district  n;av  extend  its  circulation  to  other 
school  districts  of  the  countv  u))on  such  terms  as  ma\-  be  aL;'ree(l 
upf)n. 


279 


""  '  South  Dakota — 1 

SOUTH  DAKOTA 

STATE  LIBRARY 

Political  Code,  1913,  Page  848,  Chapter  33. 

Section  1.  State  lilM-ary  is  defined  to  consist  of  books,  papers  and 
documents  collected  by  tbe  state  historical  society  and  put  into  the 
custody  of  the  secretary  of  state,  and  exclusive  of  the  Ubrary  of 
the  suiircnie  cinirt. 

Section  2.  State  Hbrary  shall  be  in  the  cvistody  of  the  department  of 
history;  and  the  secretary  of  the  state  historical  society  is  hereby 
made  librarian. 

Section'  3.     Sur])lus  documents: 

All  sur]ilus  public  documents  are  placed  in  the  library.  The}^  may 
be  sold  or  exchang"ed,  and  the  jiroceeds  used  for  tlie  iwrchase  of 
other  books. 

STATE  LIBRARY  DIVISION  OF  LEGISLATIVE 
REFERENCE 

Political  Code,   1913,   Pac.e  849,  Chapter  33 

Section  1.     Duly  of  librarian  : 

The  state  librarian  is  directed  to  establish  in  tbe  state  library  a 
division  of  legislative  reference,  in  which  be  shall  iirovide  the  reports 
of  various  oflicers  and  boards  of  the  state  and  all  other  states  so 
far  as  i)ossible,  n:aterial  upon  economical  and  sociological  subiects; 
index  and  classify  tbe  same  and  make  tbe  information  available 
for  the  use  of  the  state  legislature  and  shall,  as  required,  furnish 
the  members  of  the  legislature  information  and  assistance  in  draft- 
ing bills  and  in  every  reasonable  way  make  the  division  useful  in 
the  ])reparation  n\  legislation. 

Section  2.      Publications: 

\'arious  de])artmenl  officers,  boards  and  tbe  secretary  of  state  shall 
provide  rcpf)n-.  i)ublicalions,  statutes  and  session  laws  for  the  legis- 
lative division. 

FREE  LIBRARIFS 

Laws  of  1')13,  Ciiaptick  217 

Section  1.     l"ree  libraries: 

The  free  libraries  of  South  Dakota  shall  consist  of  the  sui)reme 
court  library,  state  library,  the  free  i)ublic  lilirarics  of  the  several 
cities,  towns  and  townshijis  and  school  district  and  traveling  li- 
braries as  hereinafter  i^rovided. 

281 


South  Dakota — 2 

Section  2.     IMana.^ement : 

The  supreme  court  library  shall  coutinue  under  the  luanaoenient  of 
the  supreme  court,  the  state  library  and  the  trayelin.g;  libraries  under 
the  manaj>"enient  of  the  free  library  commission  as  hereinafter  pro- 
\ided ;  the  city,  town  and  township  libraries  shall  be  under  the  man- 
agement of  the  respectiye  boards  of  public  library  trustees ;  and  the 
scliool  libraries  shall  continue  under  the  mana.a^ement  of  the  school 
boards  or  boards  of  education  of  the  districts. 

FREE  LIBR.'XRY  COMMISSION 

Section  3.     Appointment: 

The  free  library  conmiission  shall  consist  of  the  .jjoyernor,  super- 
intendent of  public  instruction,  state  librarian  and  two  additional 
members  to  be  appointed  by  the  g^oyernor.  Terms  shall  be  for  three 
years,  proyided  that  these  additional  members  shall  be  api)(>inted 
one  from  nominations  made  by  the  state  library  association  and  one 
from  nominations  made  by  the  state  federation  of  women's  clubs. 
Before  the  expiration  of  the  terms  of  any  appointed  member,  the 
state  library  association  and  the  state  federation  of  women's  clubs 
shall  file  with  the  o-overnor  the  names  of  three  members  from  which 
the  successor  of  such  member  may  be  chosen. 

Section  4.     Oro-anization.     Officers: 

The  sui)erintendent  of  public  instruction  shall  be  president  of  the 
free  library  conmiission,  and  the  state  librarian  secretary.  It  shall 
maintain  its  offices  in  the  state  library. 

Section  5.     Duties: 

It  shall  be  the  duty  of  the  free  library  commission  to: 
(a)  Supervise  the  state  library,  make  rules,  accept  .srifts  of  books, 
money  or  property  for  use  of  state  library,  select  and  i)urchasc 
books,  (b)  To  operate  travclint^'  libraries:  to  provitle  for  ship- 
ment of  collections  of  books  and  i)ictures  to  be  loaned  to  public 
libraries,  library  associations,  study  and  other  clubs,  institutions 
and  indiyiduals,  guarantee  for  safe-keepino;  and  rerurn  of  books 
being'  given  and  payment  of  all  transportation  charges  made  by 
borrowers,  (c)  Clearing  house:  to  establish  a  clearing  house  for 
periodicals  whereby  i)ublic  libraries,  institutions  and  individuals 
may  exchange  i)eriodicals  and  jjublications.  (d)  Rooks  of  dei)art- 
ment  of  public  instruction;  to  incorporate  in  the  state  library  mis- 
cellaneous books  now  in  the  department  of  public  instruction  not 
re(|uired  in  the  administration  of  said  department,  (e)  Book 
lists:  to  annually  designate  a  list  of  books  from  which  the  county 
library  board  shall  select  books  for  the  school  libraries,  (f )  Advice 
and  assistance:  to  give  advice  and  assistance  and  to  encourage  the 
establishment  of  public  libraries,  to  prescribe  approved  methods  for 

282 


South  Dakota — 3 

conducting;-  them;  it  niav  send  an  assistant  to  any  comninnily  to 
assist  in  tlie  establishment  of  a  HI)rarA'  and  tlie  selection  of  books. 

Note:  For  api^iroiM'iation  for  traveling-  libraries,  see  Section  14.  fol- 
lowing^. 

Section  6.     Records  and  reports: 

The  free  library  commission  shall  keep  a  record  of  its  transactions 
and  report  biennially  to  the  governor. 

PUBLIC  LIBRARIES 

Section  7.  The  mayor  of  any  city,  president  of  trustees  of  any  town, 
the  chairman  of  supervisors  of  any  township,  in  which  a  library  is 
now  or  may  hereafter  be  established,  shall  appoint  five  citizens,  two 
of  whom  shall  be  women  and  not  more  than  one  of  whom  shall  be  a 
member  of  the  appointing  body;  such  to  be  confirmed  by  the  council, 
commission,  trustees  or  supervisors ;  to  be  known  as  the  public  li- 
brary trustees ;  to  be  appointed  for  three  years ;  provided  that 
trustees  now  in  office  shall  continue  until  the  expiration  of  their 
terms.     Trustees  shall  receive  no  compensation  as  such. 

Any  school  board  and  board  of  library  trustees  may  aoree  to  unite 
a  school  library  with  the  public  library,  excepting-  such  reference 
books  as  may  be  necessary  for  the  school.  In  such  case  the  sum  to 
be  expended  by  the  school  for  books  shall  be  turned  over  to  the  li- 
brary trustees;  and  a  representative  of  the  schools  shall  be  a  member 
of  the  board  of  trustees. 

(As  amended.  Laws,  1915,  i)age  385.) 

Section  8.     Duties  of  trustees: 

It  shall  l)e  the  duty  of  the  librar\-  trustees  to  provide  accommodation 
for  the  lil)rary,  to  select  books  and  ))eriodicals ;  and  they  may  accei)L 
gifts  of  books;  they  shall  appoint  a  stafif  and  fix  their  compensation, 
shall  make  all  necessary  rules  and  may  provide  for  the  circulation 
of  books  in  the  rural  communities  outside  of  the  city,  town  or  town- 
ship; shall  have  ))ower  to  i)lace  certain  books  upon  a  pay  shelf  and 
make  a  charge  for  the  use  thereof. 

.SiccTiox  9.      Library  levy: 

( )n  or  before  the  first  day  of  August  each  year,  library  trustees  shall 
make  an  estimate  of  the  necessary  expenses  for  maintenance  for  the 
enstnng  year;  shall  certify  to  the  council,  commission,  trustees  or 
su])ervisors  of  the  city,  town  or  townshi]);  and  said  council,  connnis- 
sion  or  board  shall  cause  such  lew  to  be  made  for  the  ensuing  year. 

Section  10.     Library  fund: 

Treasurer  shall  keej)  such  funds  as  sei)arale  fund  and  pay  the  same 
upon  warrants  drawn  1)\-  the  libra:-y  trustees. 

283 


South  Dakota — 4 

Section  11.     Limit  of  lev}' : 

Total  expense  for  maintenance  of  library  shall  not  in  any  year  ex- 
ceed two  mills  on  the  dollar. 

Sectiox  12.     Report: 

The  library  trustees  shall  annually  report  to  the  free  library  com- 
mission. 

Section  13.     A'ote  on  establishment: 

Whenever  five  per  cent  of  the  voters  in  any  city,  town  or  to\vnshii>, 
shall  petition  for  a  library,  the  question  shall  be  submitted  at  the  next 
general  election.  If  a  majority  of  the  votes  cast  upon  the  question 
are  favorable,  the  authorities  shall  proceed  to  establish  a  library 
under  the  provisions  of  this  section. 

Section  14.     Appropriations  for  traveling  libraries: 

Appropriates  three  thousand  ($3000.00)  dollars  for  1913  and 
three  thousand  ($3000.00)  dollars  for  1914,  for  the  maintenance  of 
traveling  libraries. 

PUBLIC  LIBRARIES  IN  CITIES  OF  THE  FIRST  AND 

SECOND  CLASS 
Compiled  Laws,  1913,  V.  1 

Sectio.x  1400.     Establishment  and  maintenance. 

On  a  petition  of  a  majority  of  the  voters  in  all  cities  of  the  first  and 
second  class,  the  council  shall  levy  a  tax  not  to  exceed  two  mills,  for 
the  purpose  of  establishing  and  maintaining  a  public  lil)rary. 
Council  shall  also  levy  tax,  not  exceeding  three  mills  in  any  one 
year,  for  the  purj^jse  of  creating  a  fund  for  the  purchase  of  grounds 
and  the  erection  of  a  library  building. 

Each  3'ear  the  city  council  shall  appoint  a  committee  to  determine 
the  amount  of  levy  necessary  for  the  ensuing  year  and  also  the 
amovint  necessarv  for  the  library  building  fund;  and  they  shall  re- 
port to  the  council  and  such  levy  shall  be  made,  not  to  exceed  a  total 
levy  of  five  mills  for  both  library  and  building:  fund. 

Section  1401.     Trustees: 

The  mayor  shall  ajipoint  three  citizens  as  library  trustees. 

Section  1402.     Term  of  office: 

The  members  shall  l)e  ai)pointed  at  first  one  for  one  year,  one  for 
two  years,  one  for  three  years  and  thereafter  for  three  years. 

Skc  TU)N  1403.     Duties  of  trustees. 

The  trustees  shall  select  Ijooks,  papers  and  other  reading:  matter  of 
llie  choicest  character,  see  that  books  are  well  taken  care  of,  provide 
suitable  rooms  and  adojn  plans  for  the  benefit  and  accommodation 

2S4 


Soft  11  Dakota — 5 

of  tlif  public  for  use  (if  said  lihrarx-;  sliall  ajjixiinl  a  staff.  i)rescril)C 
their  dtities  and  fix  their  i^av. 

Skctiox  1404.     Plans  for  building-. 

Council  may,  after  a  building'  fund  is  in  the  hanfls  of  the  treasurer, 
cause  plans  and  specifications  for  a  library  building  to  be  prei^arcd 
and  submitted  hv  an  architect  of  unquestioned  ability. 

Sectiox  1405.     Building- committee : 

\\'hen  the  building  fund  has  become  sufficientlv  large,  the  mayo;- 
shall  appftint  a  building  committee  of  not  more  than  seven  or  less 
than  five  citizens,  appointment  to  be  confirmed  by  the  city  council. 
Fjuilding  committee  to  report  to  the  council  and  the  city  council  to 
■  have  full  sui^ervision  and  direction  of  said  building  committee  in 
a  general  w-ay. 

Skctiox  1406.     Advertise  for  bids: 

When  i)]ans  and  specifications  have  been  agreed  ui)on,  the  building 
committee  shall  advertise  for  bids. 

Si-xTiox  1407.     Treasurer: 

City  treasurer  shall  kec])  the  building  fuiifl  as  a  special  fund. 

Sectiox  140(S.     Rate  of  tax  : 

Comity  auditor  shall  calculate  and  fix  rate  of  tax  to  be  le\ied. 

PURI.TC  Lir.RARIES  IN  CITIES  OF  THE  THIRD  CLASS, 

TOWNS  AND  TOWNSHIPS 

Co.Mi'ii.i;i)  Laws,  V)\?>,  W  1 

Sectiox   1527.     I'lstablishment: 

The  council  of  every  city  of  the  third  class,  trustees  of  every  in- 
corjjorated  town  and  townshi]),  and  the  board  of  every  township 
cont.'iining  over  five  htindred  iieojjle,  shall  have  power  to  eslablisli 
and  m;iiiilain  a  i)ublic  librar\'  and  reading  room  ;ind  for  such  ]mv ■ 
pose  may  lew  annualh'  not  to  exceed  one  ;m(l  one-half  mills;  pro- 
vided, that  no  lil)rary  shall  be  esl;il)lished  until  it  be  ai)pro\e(l  b\-  a 
niajorit\-  of  the  electors  at  a  gener;d  election. 

Skctiox  152S.     l)irectors: 

1"he  board  of  education  or  the  board  of  sui)ervis<)rs  of  a  townsiiip 
shall  ai)i)oint  fi\e  citizens  either  male  or  female,  as  trustees,  and  one 
member  (if  llie  board  of  education  or  the  supervisors  shall  be  in 
eluded.  .\i)pointnient  shall  be  for  two  years.  \'acancies  shall  be 
filled  in  the  same  way.  No  comi)ensatIon  shall  be  iiaid  or  allowed 
any  director  in  such  oflicial  cajiacitv. 

Si:(Tiox  152''.     ( )rganizati(in  ;md  duties: 

Directors  shall  organize  by  electing  ollicers,  shall  make  rules.  sh;dl 

J8.=i 


South  Dakota — 6 

have  control  of  expenditures,  care  and  custody  of  library  proi:)erty ; 
bills  shall  be  paid  upon  the  vouchers  of  the  officers.  They  may, 
with  the  approval  of  the  board  of  education  or  townshij)  su])ervisors, 
build,  lease  or  purchase  a  buildin.c:,  not,  however,  enij^loving-  for  this 
purpose  more  than  half  the  income  of  any  one  vear. 

Section  1530.     Library  free: 

Every  library  and  reading-  room  thus  established  shall  be  forever 
free  for  the  use  of  the  inhabitants  of  the  citv,  town  or  township,  sub- 
ject to  reasonable  rules. 

Section  1531.     Report: 

Board  of  directors  shall  report  annuallv  to  the  board  of  education 
or  board  of  supervisors. 

Section  1532.     Donations: 

All  persons  desirous  of  makino^  donations  of  money,  books,  personal 
property  or  real  estate,  for  the  benefit  of  such  librarv  shall  have 
the  right  to  vest  the  same  in  the  board  of  directors,  to  be  held  and 
controlled  by  such  board  when  accepted  for  the  use  of  such  library 
and  reading  room  and  as  to  such  propertv,  said  board  shall  be  held 
and  considered  to  be  special  trustees. 

Section  1533.     Aid: 

Provides  that  where  in  any  citv  four  hundred  ($400.00)  dollars,  or 
in  any  town  or  township,  one  hundred  and  fiftv  ($150.00)  dollars, 
has  been  donated  for  the  purchase  of  a  librarv.  said  council  is  au- 
thorized to  appropriate  two  hundred  ($200.00)  dollars,  the  board  of 
trustees  of  a  town  or  the  supervisors  of  a  township  are  authorized 
to  appropriate  one  hundred  ($100.00)  dollars;  further  provides  for 
acquiring  the  books  of  a  library  association  bv  a  town. 

CLASSIFICATION  OF  CITIES 

Section  1179.  All  cities  in  this  state  shall  be  and  are  hereby  divided 
into  three  classes  according  to  the  population  of  the  same,  as  fol- 
lows: all  cities  having  ten  thousand  or  more  inhabitants  shall  be 
cities  of  the  first  class;  all  cities  having  two  thousand  and  not  ex- 
ceeding ten  thousand  inhabitants  shall  be  cities  of  the  second  class ; 
all  cities  having  less  than  two  thousand  inhabitants  ^hall  be  cities 
of  the  third  class.  (X'erbatim^ 

Section  1180.     Census,  etc.: 

Provides  that  the  census  enumeration  of  the  citv  at  the  last  federal 
or  state  census  shall  determine  the  classification  of  such  city. 
Provided  that  in  any  city  that  is  not  enumerated,  the  vote  cast  for 
mayor  at  the  last  city  election,  multii^lied  by  five,  shall  determine  the 
population  and  classification  until  the  next  federal  or  state  census : 
provided  that  this  act  shall  not  have  the  effect  of  reducing  from  a 
higher  to  a  lower  classification  an\-  cit\-  now  classified. 

2H(> 


Tennessee — 1 
TENNESSEE 

STATE  LiriRARV 

SlIAXNOX's    AXNOTATEII    CoDE,    1896,    VoL.     1 

Section  1378.     Librarian: 

Lil)rarian  shall  be  elected  l)y  the  "eneral  asseinl)lv  ;  shall  have  charo-e 
of  the  state  lil)rary.  and  hold  office  for  two  years. 

Sectiox  1379.     \\'omen  eligible : 

\\'oinen  shall  be  ehoible  to  the  office  of  lilirarian.  In  the  event  of 
a  vacancy  when  tlic  general  assembly  is  not  in  session,  governor 
shall  appoint  a  librarian  to  serve  until  the  vacancy  is  filled  by  the 
assembly. 

Section  1380.     Hours  of  opening. 

Sectiox  1381.     A^ipropriation. 

Section  1382.     Roard  of  commissioners: 

The  governor  and  the  judges  of  the  sujireme  court  shall  l)e  consti- 
tuted board  of  commissioners  to  superintend  and  control  the  library, 
with  power  to  make  rules.  Ap])roi)riations  for  the  purcliase  of  books 
shall  be  vmder  their  direction. 

Ski'tiox  1383.     Rei)ort : 

The  librarian  sliall  report  to  the  board,  which  shall  rcjiort  to  the 
general  assembly  at  each  session. 

Section  1384.     Exchanges: 

Librarian  shall  exchange  books  and  documents  of  the  states  and 
territories  of  the  union  with  foreign  countries,  with  as.sociations 
and  institutions. 

Sectiox  1385.     Rooks  not  to  be  taken  from  the  librarv: 

Librarian  shall  ])ermit  no  book  or  other  pro])ertv  to  be  taken  from 
the  library,  exce])!  by  certain  officers  enumerated.  Anv  \iolation 
of  this  section  shall  be  a  misdemeanor.  On  conviction  thereof,  the 
librarian  shall  be  fined  the  sum  of  not  less  than  ten  dollars  ($10.00) 
and  not  more  than  fify  dollars  ($50.00);  ])rovided,  that  no  lawver 
or  other  ])erson  shall  take  any  book  from  the  librarv  on  the  recei])! 
of  the  governor,  or  sujjreme  court  judges,  or  members  of  general 
assembly. 

Sectio.n   I38f).     Looks  for  exchange: 

Provides  that  fifty  additional  copies  of  documents  shall  be  printed, 
and  delivered  to  the  library  to  be  used  in  making  exchanges. 

Section   1387.     Assistant  librarian: 

Provides  for  the  api)ointment  of  an  assistant  at  a  salary  of  five 
hundred  dollars  ($500)  per  annum. 

_'S7 


Tennessee — 2 

( Note  r  Traveling  libraries  under  direction  of  state  library.  See 
General  Education  Act,  Section  4,  following-.) 

GENERAL  EDUCATION  ACT 

Laws,  1909,  Chapter  264,  as  Amended  by  Laws,  1913,  Chapter  123 

Section  1   (1913).     Appropriates  thirt\-tliree  and  one-third  jiercent 
of  the  gross  re\enue  of  the  state  as  a  general  education  fund. 

Section  4  ( 1913).     (  School  libraries ) : 

That  one  percent  of  the  general  education  fund  provided  by  this 
Act  shall  be  used  to  encourage  and  assist  in  the  establishment  and 
maintenance  of  libraries  in  the  public  schools  as  herein  i:)rovided. 
\Mienever  the  patrons  and  friends  of  anv  public  school  in  an\ 
county  in  the  State  shall  raise  by  pri\-ate  subscrijition,  or  otherwise, 
and  tender  to  the  County  Trustee,  through  the  County  Superintend- 
ent of  Public  Instruction,  the  sum  of  ten  dollars  or  more  for  the 
establishment  and  maintenance  of  a  library  for  that  school,  or  for 
supplementing  a  library  already  established,  said  County  Superin- 
tendent shall  notify  the  State  Superintendent  of  Public  Instruction, 
and  upon  the  certificate  of  the  State  Superintendent  of  Public  In- 
struction, the  Comptroller  of  the  Treasury  shall  pay  to  the  Trustee 
of  said  county,  out  of  the  fund  herein  provided,  a  sum  equal  to  that 
raised  by  private  subscription,  or  otherwise,  to  be  added  to  the 
Iil)rary  fund  of  said  school. 

Provided,  that  the  State  will  approjiriate  not  more  than  forty  dollars 
for  this  puq)ose  to  any  one  school  during  a  single  year. 

(  Commission  \A'ork ) 

Provided,  further,  that  the  Stale  Hoard  of  Education  shall  have 
the  power,  and  the  same  is  hereby  authorized,  to  emplov  a  Director 
of  Lilirarv  Extension  at  a  salary  of  not  exceeding  fifteen  hundred 
diillars  a  year,  with  necessary  traveling  expenses  as  fixed  by  the 
Stale  P)oard  of  Education,  all  to  be  paid  out  of  the  lil^rarv  fund  as 
lierein  provided. 

'Ihe  said  director  of  library  extension  shall  have  an  oflicc  in  the 
office  of  the  State  Superintendent  of  Public  Instruction  and  shall 
work  under  his  general  supervision.  It  shall  be  the  dutv  of  the 
Director  of  Library  Extension  to  encourage  and  stimulate  the 
establishment  of  lil)raries,  esjiecially  in  public  schools ;  to  prepare 
selected  lists  of  books  adapted  to  the  needs  of  various  schools  from 
the  list  approved  by  the  State  Board  of  Education;  to  render  such 
assistance  as  the  State  Pioard  of  Education  mav  require  in  the 
prejjaration  of  general  school  librarv  lists;  to  visit  teachers"  insti- 
tutes and  other  educational  and  comnnmitv  meetings  in  the  interest 
of  library  extension,  and  for  the  purj)osc  of  giving  instruction  in 
the  selection,  care  and  use  of  libraries;  to  assist  the  State  Superin- 

288 

V 


Tennessee — 3 

tcndent  of  Public  Instruction  in  prepariu",-  readint^-  circle  courses 
for  public  school  teachers  and  pupils,  and  to  perform  such  additional 
duties  as  the  State  Board  of  Education  may  prescribe. 

(Travelino-  Libraries) 

One-fifth  of  the  amount  accruino-  annually  for  libraries  under  the 
provisions  of  this  Act  shall  be  used  for  the  purchase  and  mainte- 
nance of  circulating:;"  libraries  under  the  direction  of  the  Stale 
library.  ( Verbatim ) 

Section  5.     Repeals  all  conflicting  laws  and  parts  of  laws. 

STATE  BOARD  OF  EDUCATION 
Public  Acts,  1915,  Chapter  116 

An  act  to  reorjs^anize  State  Board  of  Education. 
Section  1.     Appointment.     Org^anization : 

Shall  consist  of  nine  members  appointed  by  the  Governor,  three 
from  each  strand  division  of  the  State.  Governor  shall  designate 
one  member  chairman;  the  state  superintendent  shall  be  ex-officio 
secretarv  and  executive  officer. 

Section  2.     Terms : 

Present  members  of  board  shall  serve  until  expirations  of  their 
terms;  new  members,  after  first  appointments,  for  terms  of  six 
years. 

Sections  3  and  4.     No  compensation.     Expenses: 

Members  shall  serve  without  compensation,  but  shall  be  allowed 
necessary  traveling  expenses. 

Section  5.     State  superintendent: 

Board  shall  fix  the  salary  of  the  state  superintendent,  and  elect 
the  successor  to  the  i)resent  incumbent. 

Section  6.     Repeals  all  conflicting  laws. 

Note:  The  State  Board  of  Education  thus  constituted  emi)loys 
the  director  of  library  extension  i)rovided  for  in  foregoing  section 
4  of  General  I'.ducation  Act,  Laws,  1*^13,  cliapter  123,  and  is  re- 
s])onsil)lc  for  the  work  of  library  extension  throughout  the  state, 
having  taken  over  the  work  of  the  former  liljrarv  commission.  The 
Board  of  lulucation  was  originally  created  in  1875;  the  foregoing 
sections  gi\-e  the  latest   form  of  the  law  authorizing  it. 

LIBRARY  COMMISSION 

Note:  .\  library  cnnnnission  was  established  in  1*^00,  under 
authority  of  Acts,  1909,  cliai)ter  177,  ;nid  carriecj  on  its  work  until 

289 


Tennessee — t 

it  was  relieved  by  the  director  appointed  bv  the  State  Board  of 
Education.    The  followinsT  section  prescribed  its  duties : 

Acts,  1909,  Chapter  177 

Section  3.     Duties  of  commission: 

The  commission  shall  encoura.s^e  and  promote  the  establishment, 
throughout  the  state,  of  free  public,  school,  traveling-  and  other 
libraries,  and  aid  libraries  already  established;  shall  give  informa- 
tion to  communities  in  the  state  as  to  the  best  methods  of  establish- 
ment, organization  and  administration;  shall,  on  request,  finnish 
like  assistance  to  libraries,  already  established;  is  authorized  to 
purchase  and  accept  gifts  of  books,  periodicals,  etc.,  and  traveling 
libraries. 

Note:  These  duties  were  taken  over  by  the  director,  as  noted 
above,  except  the  traveling  libraries,  which  were  transferred  to 
the  State  library  and  added  to  the  traveling  libraries  already  oper- 
ated by  the  State  library,  under  authority  of  Laws,  1913,  chapter 
123,  section  4. 

LAW  LIBRARIES 
Supplement  to  Shannon's  Code,  1897-1903 

Section  2105.     Bar  and  library  association: 

(1)  Authorizes  the  incorporation  of  bar  and  libraiy  association  by 
live  or  more  persons. 

(2)  Charter  to  be  probated  and  registered  in  proper  form. 
(2-a)   Amendments  of  charter. 

(3)  Existing  association  may  obtain  benefit  of  this  act. 

(4)  Gives  form  of  charter. 

( 5 )  Powers  of  corporation. 

May  admit  additional  persons,  members  of  the  bar;  fix  amount  of 
capital  stock;  all  money  raised  shall  be  used  for  the  l)encfit  of  the 
library;  shall  have  power  \n  buy  books,  furniture,  etc..  to  purchase 
land  or  buildings  and  to  erect  liuildings. 

COL'XTN-  LIBRARY 
Acts,  1913,  Chapter  278 
Section    1.     County  library  in  particular  county.     Establishment: 
Authorizes  any  county  having  a  population  of  not  less  than  thirty- 
one  thousand  or  more  than  thirty-one  thousand,  one  hundred,  to  es 
taljlish  a  library  and  levy  a  tax  of  not  more  than  five  cents  on  each 
one  hundred  dollars. 

Sections  2-14.     Provide  for  the  organization  of  such  a  librarv,  give 
the  powers  and  duties  of  its  board,  and  also  provide  for  its  coopcra 
tion  with  the  numicipal  cori)oration  in  the  establishment  of  a  lil)rar_v. 

290 


.-> 


Tennessee — 5 

Note:  The  foregointi'  is  limited,  l)y  the  conditions  of  i)i)i)ulalion, 
to  ajjplv  to  onl\'  a  sing^le  coniitv,  and  there  appear  to  be  several  such 
special  laws,  in  Tennessee,  which  are  iirobablv  not  imi)nrtant  for 
the  imrjiose  of  this  conii^ilation. 

PUBLIC  LTP.RARTES 
Laws,  1897,  Chapter  105 

Section  1.     Establishment: 

The  mayor  and  council  of  each  municipal  corporation  or  taxin.q' 
district  shall  have  power  to  establish  and  maintain  a  free  public 
library  and  reading  room  for  the  use  of  the  inhabitants  of  such 
municipality,  and  for  this  purpose  may  levy  not  more  than  five 
cents  annually  on  each  one  hundred  dollars ;  or,  such  municipality 
may  make  an  annual  appropriation  to  maintain  a  free  pulilic  library, 
(As  amended,  Acts,  1909,  Chapter  88), 

Section  2.     Library  board : 

When  any  mayor  and  city  council  shall  have  decided  to  establish 
.such  free  library,  the  mayor  shall  appoint,  with  the  aiii)roval  of  the 
council,  a  board  of  nine  directors,  citizens  of  the  municii)alitv.  No 
meml)er  of  the  municipal  oovernment  shall  be  a  member  of  stich 
board,  and  not  more  than  six  members  of  such  board  shall  belong 
to  the  s.'une  political  party.  Said  directors  shall  hold  office,  one 
third  for  one  year;  one-third  for  two  years;  one  third  for  three 
years, — and  their  successors  for  three  years.  Mayor,  with  consent 
of  council,  may  remove  any  director  for  misconduct  or  neglect. 
Vacancies  shall  be  fdled  in  the  same  manner  as  original  appoint- 
ments. No  director  shall  receive  compensation,  and  the  officers 
and  employees  of  the  library  shall  give  bond. 

Section  3.     Organization: 

Directors  shall  organize  by  electing  officers;  they  shall  have  com- 
])lete  and  final  jxiwer  to  ai:)point  staff,  fix  compensation  and  remove 
the  api^ointees  at  i:)leasure. 

Section  4.     Rules: 

Directors  shall  have  power  to  make  rules  and  regulations  not  incon- 
sistent with  this  act,  and  to  jirescribe  i)enalties  for  violation  of  same; 
provided,  the  mayor  and  council  shall  have  power  to  set  any  oi 
these  acts  aside. 

Section  5.     Powers: 

Directors  shall  have  power  to  i)nrchase  or  lease  grounds,  or  erect 
buildings,  accept  any  gift  of  money  or  i)ro])ertv  thereto;  all  ])ro])erty 
l)urchased  or  otherwise  obtained  shall  vest  in  such  I)oard  and  their 
successors,  to  be  I'.eld  in  trust  for  the  use  of  said  lil)rar\'.  Hoard 
sh.'dl   have   exclusive   care   of   ground,    rooms   and   Imildings,    and 

291 


Tennessee — 5 

control  expenditures  of  all  monies.  All  library  funds  shall  be  kept 
se])arate,  and  disbursed  only  when  drawn  upon  by  proper  officers 
of  the  municipality  upon  the  iiroj^erly  authenticated  vouchers  of 
the  directors. 

Section  6.     Rules: 

Such  libraries  shall  be  forever  free  to  the  use  of  the  inhabitants, 
subject  to  reasonable  rules.  The  board  may  extend  the  privilege 
of  the  library  to  persons  residing-  outside  the  municipality,  upon 
such  terms  as  they  may  deem  proper. 

Section  7.     Directors  shall  report  annually  to  the  mayor  and  council. 

Section  8.     Aid  to  libraries  alreadv  established: 

Mayor  and  council  of  any  municipal  corporation  included  in  section 
1  of  this  act  shall  have  power  to  aid  any  free  public  library  associa- 
tion already  established  in  such  municipalitv.  and  for  that  purpose 
may  lev}^  from  year  to  year,  the  tax  authorized  in  said  section,  and 
may  expend  the  tax  so  collected ;  provided :  ( 1 )  That  it  is  legally 
incorporated.  (2)  That  it  is  already  in  regular  and  useful  opera- 
tion with  a  lawfully  constituted  board.  (3)  That  it  has  available 
for  public  use,  and  in  such  use,  books  to  the  value  of  not  less  than 
five  thousand  dollars;  and  provided  fin-ther,  that  it  shall  he  shown 
that  such  aid  is  needed  in  order  to  continue  useful  public  opera- 
tion. 

Section  9.     IManagement  of  library  association  libraries: 

Any  library  association  receiving  municipal  aid  as  provided  in  the 
foregoing  section  8  may  continue  to  select  its  own  director  and 
control  of  its  own  management ;  provided,  mayor  and  council,  while 
such  association  is  receiving  such  aid,  shall  have  power  at  any 
time  to  appoint  three  directors  on  said  library  board ;  further, 
provided  that  mayor  and  city  council  shall  have  the  same  power  to 
set  aside  rules  and  regulations  of  said  association  as  is  granted  m 
the  foregoing  section  4.  No  director  of  any  librarv  association 
receiving  such  aid  shall  receive  compensation  for  services  rendered 
as  such.    Officers  and  em])loyees  of  such  association  shall  give  bond. 

Section  10.     Powers: 

Any  free  public  library  association  receiving  municipal  aid  as  pro- 
vided in  the  foregoing  section  8  shall  be  subject  to  the  provisions 
of,  and  vested  with  the  )»wers  granted  in,  the  foregoing  sections 
6  and  7. 

Section  11.     Funds: 

Funds  of  such  library  association  shall  be  kept  separate  and  apart, 
and  disbursed  as  re(|uired  in  section  5. 

292 


Ti-:xxi-;ss!-:k — 7 

Section  12.     Penalties: 

Ma)'or  and  council  sliall  \va\q  jxiwer  lo  pass  ordinances  prn\-idin;^ 
penalties  for  injury  to  i)roi)erty  of  such  library. 

Secttox  13.     Exemption: 

Property  of  such  library  shall  be  exempt  from  taxation. 

L.AWs.  1897,  Cii.\rTKR  68 

Section  1.     \'ote  upon  petition: 

.\nv  incorporated  town  of  less  than  twenty  thousand  people  may, 
on  a  petition  of  twenty  or  more  taxpayers,  at  a  general  or  special 
election,  submit  the  matter  of  the  establishment  of  a  public  library. 

Section  2.     Levy: 

After  its  ratification  by  a  majority  of  voters,  the  authorities  may 
levy,  collect  and  disbiu^se  an  amount  not  exceeding-  five  hundred 
dollars  ($500.00),  for  the  maintenance  of  a  public  library. 

Section  3.     Management: 

jNlanagement  of  such  libraries  shall  be  under  the  direction  of  town 
authorit}^  by  committee  or  otherwise. 

Section  4.     Rules: 

Such  library  .shall  be  forever  free  to  the  inhabitants,  subject  to  rulc.5 
and  regulations  of  the  board  or  commission  having  the  library  in 
charge.  Such  board  may  extend  the  use  of  the  library  to  non-resi- 
dents, upon  terms  prescribed  by  them. 

Section  5.     Report: 

The  board  or  commission  shall  report  annually  to  the  council. 

Section  6.     Penalties: 

Council  shall  have  iwwer  to  pass  ordinances  im])osing  iienalties  for 
injury  to  or  failure  to  return  l)ooks. 

Si'XTION  7.     Donations: 

Any  ]:)erson  desiring  to  make  donations  of  l)Ooks,  money,  i)ersonal 
projjcrty  or  real  estate,  for  the  benefit  of  such  library,  shall  have 
the  right  to  vest  the  title  to  such  books,  money  or  real  estate  so 
donated,  in  the  board  or  commission  duly  constituted  for  the  man- 
agement of  such  library,  to  be  held  and  controlled  by  such  board  or 
commission  when  accepted,  according  to  the  terms  of  the  deed, 
gift,  devise  or  be(|uest  of  such  proi;)erty;  and  as  to  such  property 
the  said  board  or  commissioners  .shall  be  held  and  considered  s])ecial 
trustees. 


293 


Texas — 1 
TEXAS 

LIBRARY  AND  HISTORICAL  COMMISSION 
Vernon  Savles"  Annotati:i)  Civil  Statutes,  1<)14,  \'oi..  4. 
Article  5599.  Oljject  and  purpose: 

Texas  library  and  historical  comiris^ion  shall  c:in""st  of  f'v^  mem- 
bers; shall  have  offices  at  the  capitol;  shall  con<:rol  and  a  l.ninister 
the  state  library,  adopt  and  enforce  reasonable  rules  and  rco'ulations 
therefor ;  shall  aid  and  encourage  libraries ;  shall  collect  material 
relating-  to  the  history  of  Texas  and  adjoining,-  states;  preserve, 
classify  and  publish  manuscripts,  archives;  diffuse  knowledge  in  re- 
.gard  to  the  history  of  Texas;  encourag-e  historical  research;  maik 
and  preserve  historic  sites;  aid  in  the  state  legislative  problems  and 
perform  such  other  duties  as  mav  be  enjoined  by  law. 

Article  5600.     Commission;  how  constituted: 

The  g^overnor  shall  with  consent  of  the  senate  appoint  three  per- 
soiLS  who,  with  the  superintendent  of  public  instruction  and  the  head 
of  the  school  of  history  of  the  state  university,  shall  constitute  the 
Texas  library  and  historical  commission.  Appointment  shall  be  for 
two  years.    The  governor  shall  fill  vacancies  for  the  unexpired  term. 

Article  5601.     Meeting.     State  library: 

Commission  shall  meet  at  least  once  annually ;  and  as  many  special 
meeting^s  as  may  be  necessary  may  l)e  held.  State  librarian  here- 
inafter provided  for  shall  be  secretary  of  the  commission.  No  com- 
missioner shall  receive  any  compensation,  but  actual  expenses  in- 
curred in  attending  meetings,  or  yisiting  libraries  shall  be  paid  by 
the  state.  Commission  shall  elect  state  librarian  not  of  their  own 
number  and  ex])erienced.  State  librarian  shall  serve  at  the  will  of 
the  commission;  shall  give  an  acceptable  bond  for  five  thousand  dol- 
lars. He  shall  keep  a  record  of  the  proceedings  of  the  commission 
and  of  its  financial  transactions  and  perform  other  duties  assigned 
by  the  commission.  In  addition  to  his  salary,  the  state  librarian 
sliall  be  allowed  actual  expenses  for  traveling  for  the  comnussion. 

Article  5602.     Powers  and  duties: 

Commission  is  authorized  to  purchase,  within  the  limit  of  an  annual 
ajjpropriation,  books,  pictures,  etc.;  shall  advise  as  to  the  establish- 
ment, maintenance  and  management  of  libraries;  shall  conduct  li 
brary  institutes  and  encourage  library  associations.  Librarian  shall 
investigate  the  conditions  of  the  libraries  and  report  to  the  com- 
mission. 

Article  5603.     Gifts: 

Connnission  shall  have  power  and  authority  to  receive  donations  or 
gifts  of  money  or  ]M-o])erty  upon  such  terms  and  conditions  as  it  may 
deem  pr(>])er,  provided  no  financial  liability  is  entailed  upon  the  state. 

295 


Texas — 2 

Article  5604.     State  library: 

All  books,  pictures,  etc.,  received  throush  .q-ift,  purchase  or  exchange 
or  on  deposit,  shall  constitute  a  part  of  the  state  library  for  the  use  ot 
the  public. 

Article  5605.     Transfer  of  books,  pictures,  etc.: 

Provides  that  books  and  other  material  in  charg-e  of  the  department 
of  insurance  and  banking-  and  other  property  shall  be  transferred  to 
the  commission  and  form  a  part  of  the  state  library. 

Article  5606.         Duties  of  state  librarian : 

Duties  of  the  state  librarian  under  the  direction  of  the  commission 
shall  be  as  follows: 

1.  He  shall  have  charg-e  of  the  state  library  and  all  books  and  oihei 
property  therein  contained. 

2.  He  shall  endeaA'or  to  collect  all  manuscripts,  pamphlets,  books, 
newspapers,  etc.,  relating  to  the  history  of  Texas,  and  shall 
cause  ciu'rent  files  of  the  leading  newspapers  to  be  bound. 

3.  He  shall  receive  from  the  state  department  all  material  relating 
(o  tlie  history  of  Texas  not  necessary  for  the  current  duties  of 
that  department. 

4.  All  officials  in  the  state  are  authorized  to  turn  over  to  the  state 
library  similar  material  in  their  possession. 

5.  He  shall  endeavor  to  procure  from  Mexico  archiACS  relating  to 
the  history  of  Texas. 

6.  He  shall  preserve  all  historical  relics,  etc.,  and  endeavor  to 
build  up  a  historical  library. 

7.  He  shall  make  and  certifv  copies  of  papers  and  documents  in  the 
library  on  pavment  of  a  foe ;  such  fee  to  be  turned  over  to  the 
state  treasurer.     Such  certified  copies  shall  be  received  in  cvi 
dence  by  the  courts. 

8.  He  shall  classify,  index  and  preserve  official  archives. 

9.  He  shall  make  a  biennial  report  to  the  commission  to  be  by  then; 
transmitted  to  the  .governor. 

Article  5607.     Books,  etc.,  transferred: 

All  books,  pictures,  etc.,  transferred  from  other  departments  shall 
be  regarded  as  a  part  of  the  state  lil)rarv. 

Articles  5607a  and  5607b.     Distribution  of  reports,  etc.: 

Provide    for  the   sale   and   distribution   of   reports   and   copies   of 
archives. 

Article  5608.     Legislative  reference  section: 

Provides  for  the  maintenance  of  a  section  of  the  state  library  as 

29G 


Texas — 3 

a  lc,s;islative  reference  libraiy  under  the  chari^'c  of  an  assistant 
librarian. 

Article  5609.     Report. 

Commission  shall  make  a  biennial  report  to  the  governor,  includin£^ 
a  report  of  the  state  librarian. 

Article  560')a.     Penalty  : 

Provides  penalty  for  over-detention  of  books,  beina:  a  fine  of  not  less 
than  one  dollar  nor  more  than  twenty-five  dollars. 

FARMERS'  COUNTY  LIBRARY 

Vernon  Sayles'  Annotated  Civil  Statutes,  1914,  Vol.  I, 

Page  22,  Chapter  5 

Article  14.\x.     Submission  to  vote: 

Upon  the  petition  of  one  hundred  or  more  voters  filed  with  the 
county  iudsc  thirty  days  prior  to  any  county  election,  praying'  that 
a  proposition  for  a  farmers'  county  library  be  suljmitted  to  the 
people,  such  proposition  shall  be  submitted  at  the  next  ensuin.c; 
count}^  election. 

Article  14y.     Establishment: 

If  a  majority  of  all  votes  cast  upon  such  c|Ucstion  are  in  favor  there- 
of, the  commissioners'  court  within  six  months  shall  provide  a  room 
or  rooms  in  the  court  house  sufticient  for  such  library  and  make  a 
sufficient  appropriation  for  its  maintenance. 

Article  14yy.     Libarian: 

Commission  shall  employ  a  librarian  to  gather  information  pertain- 
ing to  agriculture,  horticulture  and  kindred  subjects. 

Article  14z.     Commission  sliall  have  control  of  the  H])rary  and  make 
necessary  rules  and  regulations. 

COUNTY  LIBRARIES 

rh:xERAL  Laws,  1915,  Citapter  117 

To  establish  and  maintain  county  free  libraries  and  countv  circulat- 
ing libraries. 

Section  1.     Establishment: 

Countv  commissioners"  court  of  the  sex'cral  counties  sliall  have 
power  to  estal)lish,  maintain  and  ojjcrate  within  their  rcsjiective 
counties,  free  county  libraries  or  circulating  libraries  in  the  manner 
and  wiih  tlie  functions  prescribed  in  lliis  act.  (Verbatim) 

297 


Texas — I- 

Section  2.     Establishment: 

Commissioners'  court  may  establish  county  free  libraries  and  cir- 
culating libraries  for  that  part  nf  such  county  outside  of  cities  and 
towns  maintaining-  free  libraries  and  for  all  such  additional  por- 
tions as  may  elect  to  partici])ate  in  the  comity  system.  When  pe- 
titioned by  twenty-fiye  jier  cent  of  the  yoters  of  that  iiart  of  the 
county  to  be  affected  by  this  act,  commissioners'  court  shall  order 
an  election,  which  shall  be  held  under  the  laws  ooyernino-  local 
option  elections,  ^\'hen  two-thirds  vote  for  said  county  free  library 
or  circulating  library,  or  for  both,  or  against  either  or  both,  an 
order  shall  be  made  on  the  minutes  of  the  said  court  declaring  the 
result,  which  order  shall  be  prima  facie  evidence  of  the  legality  of 
all  proceedings.  If  two-thirds  vote  favors  the  establishment  of  a 
county  free  library  or  circulating  library,  or  both,  the  commis- 
sioners" court  shall  establish  and  provide  for  the  operation  ami 
maintenance  of  either  or  both.  If  one-third  or  more  of  the  voters 
oppose  the  establishment  of  such  libraries,  no  such  election  shall  be 
held  upon  these  subjects  until  the  lapse  of  two  years. 

Sections.     Librarian.     County  library  board: 

Commissioners"  court  at  first  meeting  thereafter  shall  select  a  li- 
brarian for  the  county,  who  shall  have  charge  of  all  the  library  proj)- 
erty  and  the  control  and  management  of  all  libraries  established 
under  the  direction  of  the  court.  Such  librarian  shall  be  selected 
from  the  names  of  one  or  more  persons  submitted  to  the  county 
.commissioner"s  court  by  the  library  board  of  the  county.  The  li- 
brary board  shall  consist  of  three  persons  aijpointed  bv  the  commis- 
sioners' court  of  whom  the  county  sui)erinten<lent  or  ex-officio  super- 
inlcndent  shall  l;e  chairman:  the  other  two  members  shall  be  se- 
lected at  large.  They  shall  hold  their  offices  for  four  years.  Chair- 
man shall  kceii  a  record  of  the  i)roceedings. 

Section  4.     Particijiation  of  cities  or  towns: 

After  the  establishment  of  such  county  free  libraries,  the  trustees, 
council  or  other  legislative  body  of  any  incorporated  city  or  town 
may  notify  the  commissioners"  court  that  such  city  or  town  desires 
to  become  a  ])art  of  the  county  free  library  system  and  thereafter 
such  city  or  town  shall  ])articipate  in  the  benefits  and  be  liable  to 
taxes  for,  county  free  library.  In  like  manner  such  legislative  body 
may  notify  the  commissioners"  court  that  such  city  or  town  no  longer 
desires  to  be  a  \rdvt  of  the  county  library  system  and  thereafter  such 
city  or  town  shall  no  longer  particijiatc  in  the  benefits  nor  be  liable 
to  taxation,  for  the  county  free  library.  l'ro\ided  that  notice  bv 
publication  shall  be  given  six  weeks  i)revious  to  either  giving  or 
withdrawing  notice. 

Section  5.     Salaries: 

Commissioners'  court  at  the  first  regular  meeting  each  year  -hill 

208 


Texas — 3 

tix  ihc  salary  of  Uie  county  lil)rarian  and  assistants,  if  any,  for  the 
\'ear. 

Section  6.     Contracts  for  use  of  lilirarv: 

Comnn'ssioners'  court  of  any  countv  wherein  a  free  Hhrarv  has  been 
eslalilished  shall  have  ixjwer  to  contract  with  any  incoriwrated  citv 
or  town  maintainin.s:  a  library,  and  any  such  city  or  town  shall  haye 
]:)ower  to  contract  with  such  county,  to  secure  to  the  residents  of 
such  city  or  town  the  same  priyilea;es  of  the  county  library  as  are 
granted  to  the  residents  of  the  county  outside  of  such  city  or  town, 
or  such  iiri\ileg-es  as  may  be  agreed  u])on  in  the  contract,  upon  such 
consideration  as  may  be  a.^reed  ui^on :  the  same  to  be  paid  into  the 
county  library  fund ;  and  thereui^on  the  residents  of  such  city  or 
town  shall  have  the  same  iirivileges  in  the  county  library  as  the 
residents  of  such  county,  or  such  jinvileqes  as  may  be  agreed  upon. 

Si-:CTT()X  7.  IJooks  teaching-  iiartisan  jiolitics  or  sectarian  religious 
doctrines,  debarred : 
Tt  is  expressly  provided  that  no  books,  papers  or  periodicals  whose 
main  purpose  is  to  teach  sectarian  doctrines  in  reli^'ion.  or  partisan 
politics,  shall  ever  be  bouQ-ht  or  ])ermitted  anion.^-  the  books,  papers 
or  ])eriodicals  of  such  library.  (Wrbatim) 

Skctiox  8.     Contract  with  another  county: 

Commissioners'  court  of  any  county  where  a  library  is  established 
shall  have  full  jiower  to  contract  with  the  commissioners"  court  of 
:\v\  other  countv  to  secure  to  the  residents  of  such  other  county  the 
lirivileyes  of  such  Cfmntv  library,  ujion  such  consideration  as  ma\ 
in  said  contract  be  a-^reed  upini:  and  the  commissioners'  court  of 
such  coum\-  shall  have  full  power  to  contract  with  the  commisioners" 
court  of  another  countv  bavin."-  a  librar\-;  but  the  makinii'  of  such 
contract  shall  not  bar  the  commissioners'  of  such  countv  (lurin<4  the 
continuance  of  such  contract  from  establishin"-  a  county  library,  and 
upon  such  establishment  such  contract  nia\'  be  terminated  as  a.ii'reed 
by  the  i)arties  thereto. 

Si'.cTio.x  ').      \\  hite  and  colored  citizens: 

.\ny  white  citi/.en  of  such  county  under  the  rules  and  ix"4uIations 
l)rescribe(l  b\  ihe  board  n)a\-  hold  mcmhershi])  in  :-aid  free  ])ublic 
library  or  circulating'  library  and  be  entitled  to  the  i)riviley"es  there- 
of; i)rovided  any  countv  in  this  state  bavins"  a  colored  i)oi)ulalion 
surficienllv  lari;-e,  in  the  oi)inion  of  the  board,  to  juslifv  such  action, 
a  joint  nieelin<;'  of  the  commissioners'  court  and  the  county  librarx 
board  called  bv  the  i)resident  of  the  said  board,  ma\-,  b^•  a  majoril-/ 
action,  establish  a  circulating'  lihrarx-  or  countx-  free  lihrar\'  for  ihe 
use  of  the  colored  citizens  if  such  count\-,  under  such  rules  and  re.^'u- 
lalions  and  with  such  division  of  money  for  management,  etc.,  as 
tlu'v  may  determine.  (  X'erbalim  ) 


Texas — 5 

Section  10.     Librarian: 

Upon  the  establishment  of  a  county  library,  the  commissioners* 
court  shall  appoint  a  county  librarian  for  four  years,  subject  to  prior 
removal  for  cause. 

Section  11.     jNIanag'ement  of  library : 

Commissioners'  court  shall  have  g'eneral  supervision  of  the  county 
librar3%  make  rules,  and  upon  recommendation  of  the  librarian 
establish  branch  libraries  and  stations;  shall  determine  the  number 
of  assistants  and  employ  and  dismiss  them  upon  the  recommendation 
of  the  lil^rarian. 

Section  12.     Salary: 

The  salarv  of  county  lil:)rarian  sliall  be  fixed  by  the  commissioners' 
court,  at  tlie  first  reg'ular  meeting  each  vcar. 

Section  13.     County  library  board  (See  Section  3): 
The  members  of  said  county  library  board  shall  serve  without  pay. 

Section  14.     Report: 

The  county  librarian  shall  report  annually  to  the  commissioners' 
court. 

Section  15.     Maintenance: 

Commissioners'  court,  after  a  county  library  has  been  estal)lishc(I 
shall  annually  levy  a  tax  not  to  exceed  six  mills  on  one  hundred 
dollars'  valuation,  upon  all  the  territory  participating',  for  the  pur- 
pose of  purchasing'  projierty  and  maintaining-  such  librarv.  Com- 
missioners' court  is  authorized  and  empowered  to  receive  on  behalf 
of  the  county  any  gift,  bequest  or  devise  for  the  countv  free  library 
or  circulating  library,  or  for  any  branch  or  subdivision  thereof. 
The  title  to  all  propert}'  belonging  to  the  county  free  library  or  cir- 
culating library  shall  be  vested  in  the  county;  but  where  gifts  or 
bequests  are  made  for  the  benefit  of  any  particular  branch  of  the 
county  free  librarv  or  circulating  library,  such  gifts  or  bef|uests  shall 
be  administered  as  designed  l)y  the  donor  or  devisor.  All  laws 
applicable  to  the  collection  of  county  taxes  shall  ajiplv  to  the  collec- 
tion of  taxes  hereinafter  provided.  All  funds  of  the  county  free 
lilirary  derived  from  taxation  or  otherwise,  shall  be  in  custodv  of 
the  county  treasurer,  shall  constitute  a  separate  county  library  fund 
and  shall  not  be  used  for  anv  other  purposes  except  those  of  the 
county  free  library  or  circulating  library. 

(Verbatim  as  to  g-ifts  and  funds) 

Section  16.     Merger  of  farmers'  library: 

In  any  county  where  a  farmers'  library  has  been  established,  the 
same  shall  continue  to  operate,  unless  bv  vote  of  the  electors  it  is 
decided  to  estal)lish  a  covmtv  librarv,  in  which  case  the  former 
shall  be  merged  with  the  latter. 

330 


I  KXAS / 

Section  17.     Gifts: 

Commissioners'  court  shall  have  i)o\ver  to  accept  on  behalf  of  the 
county  free  library  or  circulating-  library  and  its  branches,  all  be- 
quests, .si'ifts,  donations,  such  as  books,  charts,  periodicals,  news- 
papers, lands,  l^uildings,  equipment,  supi)lies  and  other  thino^s  of 
value  necessar\-  for  the  maintenance  and  prosecution  of  the  work  of 
such  lil)raries,  and  to  administer  the  same  as  ])art  of  the  countv  free 
library  or  circulating  system.  (Verbatim) 

Section   18.     Disestablishment; 

Any  county  lilirary  may  be  disestal)lished  in  the  following^  manner: 
At  least  once  a  week  for  six  successive  weeks  prior  to  taking-  action. 
the  commissioners'  court  shall  iniblish  notice  of  such  contemplated 
action,  giving  the  date  of  tlie  meeting  at  which  it  is  jM-ojiosed  to 
be  taken. 

Section  19.      Use    of  library  alreadv  established: 

Instead  of  establishing  a  separate  county  library,  the  commissioners' 
court  of  any  countv  mav  contract  with  the  authnritv  in  charge  of 
any  public  lilirary  in  any  city  or  town  and  tlie  authoritv  in  charge 
of  such  lil)rarv  is  authorized  to  make  sucii  contract.  Such  contract 
mav  provide  that  such  hl)rar>-  mav  assume  the  functions  of  the 
countv  librarv  witliin  the  countv. 

Section  20.     X'alidily: 

Tn  case  any  section  of  this  act  or  any  ])rovision  therein  is  declared 
to  be  unconstitutional,  or  invalid  for  any  reason,  the  same  shall  in 
no  wise  affect  the  remaining  sections  and  jirovisions  of  this  act. 

(A'^erbatim ) 

Section  21.     Declares  this  act  an  emergencv  measure. 

AlL'XICirAi.  LlilRARII<:S 

Vernon's  S.\vi.i:s'  Annotated  Civil  .Statctes.  1*)14,  \-.  1 

Article  853.      ICstablishmenl.     Management.     .Sui)):)ort : 

.Any  incorporated  city  or  town  in  this  slate  is  authorized  to  estab- 
lish a  free  library  in  such  citv  or  town  and  adopt  regulations  for 
the  proi)er  management  thereof,  and  to  ai)i)roi)riate  such  jjart  of 
the  revenues  of  sucli  city  or  town  for  the  management  and  increase 
of  such  free  library,  as  tlie  municiital  goxernment  of  such  citv  or 
town  may  determine. 

i.ir.RAin'  Ass()ci.\'i"i()xs 

Article  1121.      Purposes  of  cori)orations: 

riu'  ])m"poses   for  which  ])rivate  cor])orations  mav  be  formed  .are: 

*      -t      *      * 


Texas— 8 

3.     The  support  of  any  literary  or  scientific  undertaking^: 

The  maintenance  of  a  lilirary  or  promotion  of  painting,  music  and 

other  fine  arts     *     *     *     _ 

Article  1136.     Provides  for  the  renewal  and  consolidation  of  two 
or  more  such  corporations. 

EXEMPTION 

Vernon's  Savles'  Annotated  Civil  Statutes,  1914,  w  3 

Article  3791.     Public  libraries: 

All  public  libraries  shall  be  exempt  from  attachment,  execution  and 
from  other  species  of  forced  sale.  (\'erbatim) 

Vernon's  Sayles'  Annotated  Civil  Statutes,  1914,  v.  4 

Article  7507.     Exemption  from  taxation: 

The  following  property  shall  be  exempt  from  taxation,  to-wit: 

9.     Public   li])raries.     All   public   libraries   and  personal   property 
belonging  to  the  same     *     *     *     _ 


302 


Utah — 1 
UTAH 

STATF.  Library 

Compiled  Laws,  1907 
Si-:triox   L549.      Board  of  controL 

Governor.  s'crelar\-  of  stale,  chief  instice  and  a^^sociate  •n-=l''ces  of 
llie  Supren^c  Con.rt,  sliall  constitute  tlie  Iward  of  control  of  the 
stale    libra :'v. 

Section  1350.     Rules: 

Public  shall  have  access  to  the  library.  Board  of  control  may  make 
such  rules  and  rci^ulations,  not  inconsistent  with  this  chai)ter,  as 
they  deem  lirojXM-,  and  mav  prescril:)e  penalties  for  the  violation 
thereof. 

Section  1331.     Loan  of  books: 

Mentions  the  state  olficers  who  are  entitled  to  borrow  Ijooks  from 
the  library,  and  limits  it  to  those  mentioned. 

Section   1352.     Records: 

Prescril)es  the  form  for  keeping'  the  record  of  books  issued  and 
returned. 

Section  1353.     L^enalties: 

Provides  penalties  for  failure  to  return  books. 

Section   1354.     Rejiort: 

Librarian  shall  report  annualh'  to  the  g"overnor. 

Sectio.m  1355.     Catalo.s:: 

librarian  shall  make  and  cause  to  be  printed  a  catalog". 

Section  1356.     Books  to  be  labeled. 

Sectio.v  1357.     Sale  of  and  exchange  of  books. 

Section  1358.     I'enalties: 

Librarian  shall  be  liable  to  penalty  if  he  i^rmits  books  to  be  taken 

Ijy  unauthorized  persons. 

SixTiox  1359.      I'enallies: 

L'n;mllinri/ed  persons  taking  books  shall  l)e  stibjcct  to  penaltv. 

STATE  BOARD  OF  EDUCATION 

Work  of  Lii!1^\kv  Commi.s.sion 
CoMiMT.Ki)  Law.s.  1907 
Section   1763.     State  board  of  education  .shall  consist  of  the  state 
superintendent   of  public  instruction,   president  of  the  University 
of   Utah,   president   of  the  agricultural   college  of  L'tah,   and  six 

303 


I'tah— 2 

other  persons  appointed  by  the  oovernor  with  the  consent  of  the 
senate,  two  eacli  iMennium  and  for  six-vear  terms,  exceiit  that  the 
first  appointments  shall  be  classified  bv  the  ja:overnor  as  to  the 
length  of  the  terms  so  as  to  i)rovi(le  for  such  future  biennial  ap- 
pointments. Ai)pointments  to  fill  vacancies  shall  be  for  unexpired 
terms.  Such  appointments  shall  be  influenced  only  by  considera- 
tion of  merit  and  fitness,  and  shall  be  made  without  reference  to 
residence,  occupation.  ]wrty  afiiliation,  reli,<i"ion  or  sex.  The  g'over- 
nor  may  remove  auv  member  for  immorality,  malfeasance,  incom- 
petence or  neglect.  The  general  control  and  supervision  of  the 
public  school  system  is  vested  in  the  state  board  of  education.  The 
state  board  of  education  shall  also  promote  the  establishment  of 
libraries  and  gymnasiums  throughout  the  state,  and  shall  have 
power  to  api)oint  a  secretarv,  wlio  shall  work  under  the  direction 
of  the  state  superintendent  of  iniblic  instruction.  The  salary  ot 
the  secretarv  shall  be  fixed  bv  the  state  board  of  education,  with  the 
ai)i)ro\al  of  the  state  examiners.  The  board  shall  have  the  power 
to  call  to  its  assistance  exi)ert  hcli)  to  i)romote  libraries  and  gym- 
nasiums, whenever  needed.  Tra\eling  exi)enses  incurred  by  such 
hel]),  and  the  salarv  of  the  secretary,  shall  be  paid  from  the  con- 
tingent fund  of  the  state  board  of  education.  The  secretarv  .shail 
have  a  salarv,  actual  and  necessarv  traveling  expenses.  ( As 
amended.  Laws  1911  and  Laws  1915,  p.  188,  chapter  109). 

L.\ws.  191  L  Paci':  9,x  Chapter  67 

Section  2.     Chapter  57,  Laws,  1909,  is  herebv  repealed. 

Note.     Chapter  57,  Laws  of  1909,  repealed  bv  the  foregoing,  creat- 
ed a  state  library-g\'mnasium  comnnssion  of  five  members  to  be 
appointed  by  the  State  board  of  education;  i)rovided  for  their  organi 
zation  and  pur]5ose,  and  an  apijrojjrialion  of  two  thousand  doUais 
per  year. 

Section  1763  above  in  efi^ect  abolishes  this  commission  and  imi)Oses 
their  duties  ujion  the  state  board  of  education. 

PUBLIC  LIBRARIES 
Compiled  Laws,   1907 

Section  174.     Classification  of  cities: 

Cities  having  thirty  thousand  or  more  inhabitanls  shall  be  known 
as  cities  of  the  first  class;  having  more  than  five  thousand  and  less 
than  thirty  thousand,  as  cities  of  the  second  class;  all  other  cities 
are  cities  of  the  third  class. 

Cities  oi"  the  FiKS't  .wd  .Sec  f)xn  Classes 

Section   13()0.     Cities  of  the  first  and  second  classes  mav  establish 
libraries: 

304 


Utah — 3 

The  o-overnini;'  luxlv  of  each  city  of  tlie  first  and  second  class  shall 
have  power  to  estahlish  and  maintain  a  public  li1)rarv  and  reading 
room;  and  for  that  purpose  cities  of  the  first  class  must  levy  a  tax 
of  one-third  of  one  mill  on  the  dollar  and  may  levy  a  tax  not  to 
exceed  two-thirds  of  one  mill  on  the  dollar ;  and  cities  of  the  second 
class  may  levy  a  tax  not  to  exceed  one  mill  on  the  dollar  annually ; 
proceeds  to  he  known  as  the  library  fund ;  provided,  that  no  such 
tax  shall  be  levied  in  the  first  instance  in  a  city  of  the  first  class,  until 
a  petition  signed  bv  at  least  one  thousand  qualified  voters  and  prop- 
erty taxpayers  shall  have  been  filed  with  the  o^overning  body  of 
such  city,  nor  in  any  city  of  the  second  class  until  such  petition 
sig'ned  by  at  least  two  hundred  and  fifty  qualified  voters  and  prop- 
erty tax-pavers,  residents  of  such  city,  shall  have  been  so  filed. 
(As  amended,  1907). 

Section  1361.     Directors: 

When  the  city  council  in  any  city  of  the  first  or  second  class  shall 
have  decided  to  establish  a  public  library  under  the  provisions  herein, 
the  mayor  shall,  with  the  a])i)royal  of  the  council,  appoint  nine  direc- 
tors, citizens  at  larg'e;  and  not  more  than  one  member  of  the  council 
shall  be  at  any  one  time  a  member  of  said  board. 

Section  1362.     Terms: 

Directors  first  appointed  shall  hold  ofifice  one-third  for  one  year, 
one-third  for  two  years,  one-third  for  three  years;  thereafter  for 
three  years.  The  mayor  may,  with  consent  of  council,  remove  any 
director  for  misconduct  or  neglect. 

Section  1363.     Vacancies  shall  be  filled  in  the  same  manner  as  ori- 
ginal ai)iOTintment. 

Section  1364.     Powers: 

Directors  shall  organi/^e  by  election  of  officers,  shall  make  In'-laws 
and  regulations,  shall  have  exclusive  control  of  the  expenditure  of 
the  library  fund,  the  construction  of  building-s,  care  and  custody  of 
grounds,  rooms  and  buildings.  All  money  for  such  library  shall 
be  deposited  in  the  city  treasury  and  drawn  upon  by  the  officers  of 
the  city  u]h)u  the  vouchers  of  the  library  board.  Board  shall  have 
power  to  purchase  or  lease  grounds,  lease  or  erect  buildings,  ai)p(iinl 
a  stafT,  fix  their  coni])ensatiun  and  remove  them,  and  in  general 
carry  out  the  intent  of  this  chapter. 

Section  1365.     Use  of  library: 

Every  library  and  reading-room  shall  be  forever  free  to  the  inhabi- 
tants of  the  city.  F.oard  may  make  rules  for  its  use,  and  may  extend 
the  privileges  to  non-residents,  upon  such  conditions  as  they  may 
prescribe. 

305 


Utah — 1- 

Section  1366.     Report: 

Directors  shall  report  annuallv  lo  the  citv  council. 

Section  1367.     Penalties: 

Council  shall  have  power  to  i)ass  ordinances  imposing-  penalties  for 
injury  to,  or  failure  to  return,  lil)rarv  proj^ertv. 

Section  1368.     Donations: 

Any  person  desirins^-  to  make  donations  of  money,  personal  property 
or  real  estate,  for  the  benefit  of  such  library,  shall  have  the  right  to 
vest  the  title  to  the  monev  or  real  estate  so  donated  in  the  board  of 
directors  created  under  this  chapter,  to  be  held  and  controlled  by 
such  lioard  when  accej^ted,  accordin.s;  to  the  terms  of  the  deed,  g^ift, 
devise  or  l)e(|uest  of  such  property;  and  as  to  such  property  said 
board  shall  l)e  held  and  considered  to  ])e  special  trustees. 

Cities  of  Third  Class 

Section  1369.     Library  and  oymnasium.     Tax  for: 

When  ten  percent  of  the  legal  voters  of  any  city  of  the  third  class, 
or  incorporated  town,  shall  petition  city  council  or  town  trustees, 
asking-  that  a  public  library  be  established  and  maintained  or  that  a 
public  lil)rary  with  a  gymnasium  in  connection  therewith  be  estab- 
lished and  maintained,  and  shall  specify  in  their  petition  a  rate  of 
taxation,  not  to  exceed  one  mill  for  the  public  library  or  not  to 
exceed  one  and  three-tenths  of  a  mill  for  the  public  library  and 
gv-mnasium,  then  the  council  or  trustees  shall  call  an  election  to  de- 
termine such  (|ueslion,  and  a  majority  vote  of  the  property  tax 
l)ayers  voting  shall  determine  the  c|uestion;  and  the  town  or  dis- 
trict is  thcre!)v  authorized  to  estal)hsh  and  maintain  a  lil)rarv,  oi  a 
h'hrary  with  gvnmasium;  and  the  council  or  trustees  are  thereby 
authorized  lo  lew  die  taxes  si^ecified  in  either  case.  When  a  library 
is  established  under  the  provisions  of  this  section,  the  city  council 
or  board  of  trustees  shall  hn\c  all  the  power  and  authority  con- 
ferred on  citv  councils  of  the  first  and  second  classes  under  the 
provisions  of  this  chapter.  (As  amended.  Laws,  1909,  ]>.  13,  chap. 
73,  and  Laws,  1^)15,  p.  193.  chap.  Ill  ). 

Section    1370.     Directors.     Terms.     Powers: 

When  the  city  council  or  board  of  trustees  of  anv  citv  of  the  third 
class  or  of  an  incorporated  town  shall  have  established  a  public 
library  or  gymnasium  in  accordance  with  the  iM'ovisions  of  the  next 
preceding  section,  the  mayor  of  such  city  or  president  of  the  trustees 
of  such  town  shall,  with  ai)proval  of  council  or  trustees,  apjioint  six 
directors,  who,  with  the  mayor  or  president  of  trustees,  shall  con- 
stitute the  board  of  directors  of  such  library  or  library  and  gym- 
nasium, whose  terms  of  oliice  shall  be  for  six  years. — excei)ting 
those  of  the  lirst  ai)i)ointees,  which  shall  be  two  for  two,  two  for 

306 


Utah — 5 

four  and  two  inr  six,  years:  provided,  tliat  all  directors  now  elected 
and  serving'  on  any  library  board  shall  fill  out  their  unexpired  terms. 
Such  board  of  directors  shall  haye  all  of  the  powers  conferred  by 
this  chai^ter  upon  boards  of  directors  created  for  the  mana.a^ement  of 
]iublic  libraries  of  the  first  and  second  classes,  and  shall  serve  with- 
out ci)ni])ensati()n.      (As  amended,  Laws,  1911,  p.   104,  chap.  74). 

General 

Section  1371.  Provides  for  cooperation  between  cities  and  school 
districts  in  the  establishment  of  a  library.  (As  amended.  Laws. 
1911.  p.  104,  chap.  74). 

Laws,  1915,  Page  1.56,  Ciiai'ter  100 

Section  206.     General  powers  of  council : 

Said  council  shall  have  powers  in  the  following-  sections  entuneratcd 

^  ;|:  ^  ^ 

Section-  206x76  ( Paoe  167).      Public  libraries: 

To  establish,  maintain  and  regulate  free  )niblic  libraries  anil  read- 
ing-rooms, as  provided  by  law  and  to  i^erpetuate  such  free  libraries 
and  reading-rooms  as  may  have  been  heretofore  established  in  said 
cities. 

-h  ^  ^  ^ 

SCHOOL  LIBRARIES 

Com  I' I  LED  Law.s,  1907 

Section    ISl.i.     .'^^choul   l)islrict  le\'v.     Cullection  and  di.sbursement : 

The  schiinl  di^tricl  board  shall  have  general  charge  *  *  *  of 
the  schools  of  the  dislricl,      *      *      * 

It  shall  have  the  i)owcr  to  establish  and  maintain  school  libraries, 
which,  in  districts  that  have  no  free  library  or  reading"  room,  may 
be  o])en  to  the  jjublic  under  such  regulations  as  the  Board  may 
])royide.  For  the  pur])ose  of  purchasing"  books  and  magazines  for 
these  school  libraries,  the  board  shall  set  aside  annualh-  from  the 
tax  herein  provided  an  amount  e(|ual  to  fifteen  cents  i)er  cai)ita  for 
each  child  in  the  district  between  the  ages  of  six  and  eighteen  years, 
inclusive,  the  comi)titation  being  based  on  the  school  census  at 
the  time  when  the  lax  is  levied;  provided,  the  library  ftmd  thus 
created  shall  be  exi)en(led  under  the  direction  of  the  State  lioard 
of  Lducation  for  such  books  and  magazines  as  they  shall  recommend 
and  tinder  such  regulations  as  they  may  prescribe;  i^rovided,  further, 
that  this  Act  shall  ai)])ly  to  all  school  districts  outside  of  cities  of 
the  first  and  second  classes,  and  to  county  school  districts  of  the  first 
class.  (  .\s  amended.  Laws.  I'WJ.  chai)ter  44.  and  Laws,  I'HS, 
chapter  111). 

.W7 


Vermont — 1 
A'KT^^rOXT 

STATR  Lir.RARV 

Statutics,  1906 

Section  263.     Contents.     Trustees : 

The  state  library  consists  of  such  books,  maps,  charts  and  docu- 
ments as  are  acquired  by  the  state  or  iiul)lic  officers  for  the  use  of 
the  state,  and  shall  be  under  the  direction  of  nine  trustees.  The 
governor,  the  chief  judg-e  of  the  sui^reme  court  and  the  secretary  oi 
state  shall  lie  exoflicio  trustees. 

Section  264.     The  trustees  shall  have  power : 

1.  To  fill  vacancies  in  the  offices  of  state  and  resident  trustees. 

2.  To  ajipoint  and  remove  a  secretar\'  who  shall  also  act  as 
li])rarian. 

3.  To  prescribe  rules  and  In-laws  for  the  government  of  tlie 
library. 

4.  To  expend  money  ap])ro])riated  for  the  library. 

5.  To  sell  or  exchan^^e  imjicrfect  or  dni)licate  liooks  l)elf)n_s^ins'  to 
the  library. 

6.  To  make  exchange  of  books  for  the  benefit  of  the  library.  For 
this  pur]iose,  one  hundred  copies  of  each  state  publication  shall 
l)e  i)laced  in  the  library. 

Section  265.     Quorum : 

For  the  a])]X)intment  of  the  secretary  and  for  the  adoption  of  rules, 
six  members  shall  be  a  c|uorum;  to  fill  vacancies  in  the  board  of 
trustees,  four  members;  for  ordinary  business,  three  members. 

Si:(TioN  266.     Trustees'  duties: 

The  trustees  shall  report  biennially  to  the  general  assembb-;  shall 
make  as  often  as  they  deem  exi)edient,  a  catalogue  of  books,  etc., 
which  shall  be  iirinted;  shall  jirescribe  the  duties  of  the  secretary  and 
librarian,  and  arran.ge  for  the  use  of  the  librar\-,  ;nid  for  the  distri- 
bution of  public  documents,  etc..  not  otlu'rwise  pnixjdcd   for. 

Section  2()7.     No  salary  for  trustees: 

Xo  salary  or  compensation  -^hall  be  allowed  to  trustees. 

Sivcrio.x  268.     Assistant  librarian: 
Provides  for  assist.nnt  librarian. 

Sectio.v  269.      Appro])riation  fur  assistance: 

Six  hundred  ($600.00)  dollars  is  annually  api)roi)i-iate(l  for  exti'a 
assistance  during  the  session  of  the  su])reme  court  and  when  deemed 
necessary. 

309 


Vermont — 2 

Sfxtion  270.     Penalt}-: 

A  person  who  violates  the  rules  prescribed  by  the  trustees  shall  pa> 
the  i:)enalties  prescribed.  Such  penalties  may  be  recovered  in  an 
action. 

Section  271.     Appropriation  for  books : 

Eight  hundred  ($800.00)  dollars  is  annually  appropriated  for  the 
purchase  of  books,  etc. 

Section  272.     Books  sold: 

Proceeds  of  books  sold  shall  be  expended  for  books. 

A'ERMOXT  HISTORICAL  SOCIETY 

Section  273.     Appropriation: 

One  hundred  ($100.00)  dollars  is  annually  appropriated  for  bind- 
ing and  preserving  the  books  of  the  society. 

Section  274.     Disposition: 

Provides  that  when  the  society  is  dissolved,  this  propert\-  shall  be- 
come the  property  of  the  state. 

Section  275.     Members  exofficiis: 

P'rovides  that  the  secretary  of  state,  the  auditor  of  accounts  and 
the  state  librarian  shall  be  ex-ofificiis  members  of  the  board  of  cura- 
tors. 

LEGISLATIVE  REFERENCE  BUREAU 

Laws.  1912,  p.  14 

Act  No.  14  relating  to  legislative  reference  bureau  amends  former 

act. 

Section  1,  No.  9  of  acts  of  l*nO,  is  herebv  amended  to  read  as  fo) 

lows : 

Section  1.     Creation: 

There  is  hereby  created  and  shall  be  hereafter  maintained  in  con- 
nection with  the  state  library  a  legislative  reference  bureau,  which 
shall  be  in  charge  of  a  legislative  reference  librarian  appointed  by 
the  governor  to  hold  office  until  removed  for  cause  and  to  perform, 
under  the  supervision  of  the  state  librarian,  the  duties  hereinafter 
prescribed. 

Section  2.     Duties  of  librarian: 

Shall  collect,  arrange,  index  and  place  on  file  material  relating  to 
legislation,  arrange  public  documents  for  use,  index  bills.  i)repare 
abstracts  of  law  and  other  statements.  Shall  furnish  such  othei 
information  as  may  be  useful  to  the  members  of  the  general  assem- 

.^0 


X'k.k.moxt — ?> 

])\y.  Sliall  co-operate  willi  the  revisers  of  l^ills  and  act  as  a  co- 
ordinate nieinlKr  of  tlu-ir  l)oard. 

Section  3.     Kevisors  of  bills: 

Two  men  of  le^al  trainino;  and  with  le,s:islative  exjierience.  who 
shall  not  be  elis^ible  to  membership  in  the  les^islatnre  during-  incum- 
bency in  tlrs  office,  shall  be  appointed  by  the  g-overnor  and  con- 
firmed by  the  serate  as  revisers  of  bills.  Thev  shall  perform  their 
duties  in  connection  with  the  le.G;islative  reference  bureau. 

SiiCTiox  4.     Duties  of  revisers: 

They  shall  examine,  previous  to  introduction,  all  bills  and  resolu- 
tions, making  such  corrections  as  may  be  necessary  to  insure  ac- 
curacy in  text  and  references,  concise  lans-uaq;e.  consistent  with 
existing-  statutes  to  avoid  rei:)etitions  and  unconstitutional  provi- 
sions. No  bill  nor  resolution  shall  be  acted  upon  by  either  house 
imtil  corrected  and  endorsed  by  the  revisers.  The  revisers  shall 
give  assistance  to  members  and  committees  in  drafting  bills,  reso- 
lutions, and  amendments,  if  requested.  A  reviser  shall  not  oppose 
or  urge  legislation;  shall  net  materiallv  alter  the  substance  of  a 
bill  or  resolution,  and  no  one  connected  with  the  office  shall  com- 
municate the  substance  of  a  bill  without  permission  of  its  intro- 
ducer. 

Skction  5.     Provides  for  the  work  of  the  revisers  in  the  intervals 
between  sessions. 

Sfx'TION  6.     Salary  of  legislative  reference  librarian: 

The  legislative  reference  librarian  shall  have  a  salary  to  be  fixed  by 
the  governor  and  with  the  consent  of  the  state  librarian  shall  em- 
ploy such  assistants  as  may  be  necessary  for  the  proper  adminis- 
tration of  this  bureau.  The  sum  of  five  thousand  ($5,000.00)  dol- 
lars or  such  portion  thereof,  as  may  be  necessary,  is  annually  appio- 
])riated  for  the  purpose  of  this  act. 

Si'XTiON  7.     Pavment  of  revisers: 

The  revisers  of  l)ills  shall  receive  a  salary  of  seven  dollars  and  fifty 
cents  ($7.50)  per  day  and  necessary  expenses  for  the  actual  time 
spent  and  mav  employ  necessary  clerical  assistance. 

FREE  PUr.MC  Lii'.RAin'  COMMISSION 
Laws,  1908,  p.  50,  Act  No.  52 
An  act   relating  to  the  state  board  of  lil)rarv  commissioners. 
Skction  1.     Selection: 

b^ive  residents  of  the  state,  one  of  whom  shall  be  appointed  annually 
by  the  governor  and  whose  term  of  office  shall  l)e  five  vears,  shall 
constitute  a   state  beard   of  commissioners.      The   governor   shall 

311 


\'ERMnXT 1- 

designate  the  chairman  and  fill  vacancies.  (Amended  changing 
name  to  free  public  library  commission — Laws  of  1012,  p.  105.  act 
86). 

Section  2.     Advice.     Report.     Instruction : 

The  authorities  of  a  public  library  mav  ask  said  board  for  advice 
in  regard  to  library  matters,  and  said  board  shall  report  biennially 
to  the  general  assembly  at  the  expense  of  the  state. 
To  assist  librarians  of  public  libraries,  said  board  mav  annually 
hold  a  school  of  instruction  at  the  most  convenient  place.  The  ex- 
pense of  each  librarian  attending  such  school  may  be  paid  by  the 
city,  town  or  incorporated  village  in  which  said  librarian  is  em- 
ployed. 

Section  3.     Assistance: 

Said  board  shall,  upon  application  of  the  librarv  trustees  of  a  town, 
city  or  incorporated  village,  without  a  public  library,  expend  a  sum 
not  exceeding  one  hundred  dollars  (SIOO.OO)  for  books  for  such 
town,  city,  or  incorporated  village  to  be  selected  bv  the  librarv  com- 
missioners and  used  bv  the  librarv  trustees  in  establishing  a  free 
pul)lic  library. 

Section  4.     Additional  assistance: 

In  addition  to  die  expenditure  provided  in  section  3.  the  lilirarv 
commission  may,  in  its  discretion,  assist  free  public  libraries  aa 
follows : 

If  a  town  whose  grand  list  does  not  exceed  ten  thousand  ($10,- 
000.00)  dollars,  through  its  library  trustees,  satisfies  the  commis- 
sion that  its  free  public  library  is  doing  efficient  work  for  the  pub- 
lic and  public  schools,  the  board  may  expL>nd  additional  amounts 
not  exceeding  one  hundred  ($100.00)  dollars  for  the  purchase  of 
books.  The  total  amount  exi^ended  by  the  librarv  commission  un- 
der this  section  shall  not  exceed  fifteen  hundred  ($LSOO.OO)  dollars 
a  year.  (As  amended — Laws  of  Vermont,  1910,  p.  87). 
Note:  Grand  list  is  defined  to  mean  a  list  including  evervlhing 
taxable,  the  polls,  the  real  and  personal  prnpertv.  I^ee  "Words  and 
Phrases  judicially  defined." 

Section  5.     Safeguard: 

If  the  local  authorities  of  a  public  library,  any  jiart  of  whose  books 
have  been  paid  for  by  the  state  funds,  fail  to  ])rovide  for  the  safety 
and  use  of  such  l)ooks,  the  library  commission,  know'ing  of  this  shall 
notify  the  trustees  of  said  library  to  meet  the  requirements.  If  said 
trustees  neglect  this  for  sixty  day  after  such  notice,  the  books  naid 
for  with  state  money  shall  revert  to  (he  control  of  ihc  library  com- 
mission. 

M2 


Vermont — 5 

Section  d.     Coir.iienpatinn.  etc.: 

Xo  nicnil)er  of  the  library  commission  shall  receive  compensation. 
The  commission  n:ay  expend  three  thousand  ($3,000.03)  dollars 
annually  for  exi^senses  except  ex])ense  of  report.  It  mav  employ  a 
secretary  and  fix  In's  salary,  lis  hills  are  to  he  paid  throug'h  the 
auditor  of  account".  (As  an^cncLd — Laws  of  WM-mont.  1*^12,  ]) 
105). 

Sk(  Tiox  7.     Pide- : 

The  library  commission  may  make  rules  for  its  g"overnment  and 
for  the  care  of  the  library. 

Section  8.     iXpprojiriations: 

A  town,  city,  or  incorporated  village  voting;  to  instruct  its  library 
trustees  to  apply  for  state  aid  under  section  3.  shall  annuallv  apjiro- 
priate  for  its  public  library  not  less  than  fiftv  ($50.00)  dollars,  if 
its  grand  list  is  ten  thousand  ($10,000.00)  or  over;  not  less  than 
twentv-five  ($25.00)  dollars,  if  its  grjind  list  is  between  twenty- 
five  hundred  ($2500.00)  dollars  and  ten  thousand  ($10,000.00) 
dollars;  not  less  than  fifteen  ($15.00)  dollars  if  its  grand  list  is  less 
than  twenty-five  hundred  ($2500.00)   dollars. 

Section  9.     Conditions.     Trustees: 

No  town,  city  or  incorporated  village  shall  I)e  entitled  to  the  bene- 
fits of  section  3  and  section  8  unless  said  municiijality  has  elected 
library  trustees  and  voted  to  instruct  such  trustees  to  make  applica- 
tion to  the  commissioners,  and  said  trustees  have  provided  in  a 
manner  satisfactory  to  the  comirission  for  the  care  and  distribu- 
tion of  books.  Sections  24,  25  and  26,  hereof,  shall  aj^plv  to  the 
election  of  trustees  under  this  section  and  to  said  trustees  when  .so 
elected. 

Section  10.     State  aid: 

When  such  municipality  has  accei)ted  the  provisions  of  the  ))reced- 
ing  section,  'he  commission  shall  cause  to  be  paid  to  them  one  hun- 
dred ($100.00)  dollars  for  the  purchase  of  books  as  i)ro\i(le(l  in 
section  3. 


TRAVELING  LIBRARl  ILS 

Section  11.      l^stablishmenl : 

The  library  commission  mav  ex])end  not  more  ihan  fifteen  hundred 
($1500.00)  dollars  annually  for  books  and  e(|uipment  for  traveling' 
libraries,  and  not  more  than  one  hundred  and  fiftv  ($150.00)  dol- 
lars annually  for  clerical  work  in  preparing-  such  books  for  use. 
(As  iimended — Laws  of  \"ermont,  l'M2,  p.  \0C)). 

313 


Vermont — 6 

Sectiox  12.     Rules: 

Such  board  shall  have  the  full  management  and  control  of  travelino^ 
libraries  and  make  the  necessar\-  rules  and  regulations  for  the  use 
and  g;-overnment  of  same. 

Section  13.     Conditions  of  use: 

Three  or  more  citizens  may  organize  a  lilirarv  association  and  on 
comj)Iiance  with  the  requirements  of  the  library  commission,  shall 
be  at  its  discretion,  entitled  to  the  use  of  travelino-  libraries  without 
other  charg'e  than  for  transportaton.  Local  libraries,  societies  and 
schools,  study  circles  and  other  associations,  shall  on  the  same  terms 
at  the  discretion  of  the  commission,  have  the  use  of  the  traveling 
libraries. 

Section  14.     Traveling"  libraries  and  schools: 

The  school  authorities  in  towns  may  apply  to  the  commission  for 
traveling-  libraries  and  pay  expense  of  transi)ortation  from  the 
school  funds  of  their  respective  towns. 

ENDOWED  LIBRARIES 

Section  15.     Trustees  to  incorporate: 

Trustees  to  whom  real  or  personal  property  is  donated  for  the  estab- 
lishment of  a  free  library,  may  unless  otherwise  provided  by  the 
donor,  cause  a  corporation  to  be  formed  under  the  provisions  of  the 

three  following  sections: 

Section  \().     Same: 

Said  trustees  shall  file  with  the  secretary  of  state  a  statement  of 
intention  to  form  a  cori)oration,  a  copv  of  the  instrument,  of  the 
name  adoi)ted  for  the  cor))oration,  the  location,  the  number  of  trus- 
tees, and  their  names. 

Section  17.     Same: 

The  secretary  of  state  shall  forthwith  issue  to  the  incorporators  a 
certificate  of  incorporation ;  the  corporation  shall  cause  said  certifi 
cate  to  be  recorded  in  the  office  of  the  clerk  of  the  county  in  which 
such  library  is  to  be  located,  and  hereupon  shall  be  deemed  fully 
organized,  and  may  proceed  to  receive  from  the  trustees  the  property 
for  the  library  and  hold  same. 

Section  18.     Same: 

Such  organization  shall  be  a  body  corporate  and  jiolitic  and  possess 
the  ordinary  rights  and  incidents  of  a  corporation.  Shall  be  capable 
of  taking,  holding,  and  disposing  oi  real  and  personal  estate  for  the 
purposes  of  its  organization. 

The  provisions  of  the  instrument  of  gift  shall  be  as  to  such  gift  a 
jiart  of  the  organic  and  fundamental  law  of  such  corjioration. 


Vermont — 7 

SiccTio.x   19.     Trustees  of  corporati(^n : 

Trustees  of  such  corporal iou  shall  compose  its  members  and  shall 
not  be  more  than  nine  nor  less  than  five  in  nvunber.  Such  trustees 
shall  have  coulrol  of  affairs  and  property,  may  accei)t  donations 
and  hold  the  same,  may  lill.  subject  to  the  approval  of  the  chief  jus- 
tice of  the  su])reme  court,  vacancies  in  their  own  number,  and  make 
by-laws  for  the  corjioration  and  the  library.       May  ai)point  a  staff. 

Sf.ctiox  20.     Exemjition  from  taxation : 

Whenever  the  instrument  i:)rovidiny-  the  endowment  declares  that 
the  institution  shall  be  a  free  i)ul)lic  library,  such  library  and  other 
projiertv  of  the  coriioration  shall  be  forever  exempt  from  taxa- 
tion. 

PUBLIC  LIBRARIES 

Skction  21.     Establishment: 

A  town,  incorjxirated  villas^c  or  citv  may  establish  and  maintain  a 
public  liljrary  with  or  without  branches  and  may  annually  contract 
with  a  library  or  library  association  to  furnish  books  for  its  inhabi 
tants  free  and  may  appropriate  money  therefor,  and  may  annually 
ai)proi)riate  money  for  the  maintenance  and  increase  of  a  library 
held  in  trust  for  such  tf)wn,  inc()ri)(>rale(l  \'illai^'e  or  city. 

Sf.ctiox  22.     Library  lew: 

.\  town,  incor])orated  village  or  city,  establishing'  and  maintaining 
a  library  ma\-  ai)i)roi)riate  for  the  foundation  of  such  librarv  not 
exceedint^'  three  (SvvOO)  dollars  for  each  rata1)le  i)oll  in  such  muni- 
ci])alily  and  may  also  aiijiropriatc  annually  for  the  maintenance 
and  increase  thereof  such  sum  as  each  municii)ality  may  vote  at 
its  luinnal  meetiui;'.  and  nia\'  recei\e,  hnld  and  mana.^'e  a  gift  f(jr  a 
])ui)lic  library.  ( 

Skctiox    23.     Trustees: 

A  town,  incorjjorated  villa^'e  or  city,  which  has  a  public  librarv,  may 
select  at  its  annual  meeting-  five  trustees  who  shall  have  jiower  to 
nianas'e  such  library  and  such  ])roperty  as  ma\  come  into  the  hand.- 
of  such  municipalities  for  the  use  of  such  lil)r;ir\-. 

Skctiox  24.     Terms  of  office: 

The  first  trustees  chosen  shall  be  as  follows:  One  for  one  year, 
one  for  two  years,  one  for  three  years,  one  for  four  years,  and  one 
for  five  years.  The  successors,  at  the  end  of  their  terms  shall  be 
elected  for  five  years.  \'acancies  shall  be  filled  for  the  unexi)ired 
terms. 

SictTiox  25.      Report : 

Trustees  shall   re])orl   al   rumual   nu'clim;'  of  ibe  mum'cipalilv. 


Vermont — 8 

Section  26.     Payments: 

Monies  for  the  library  shall  be  paid  out  by  an  agent  ai^pointed  by 
the  selectmen  of  a  town,  or  trustees  of  a  village,  or  the  mayor  of 
a  city  unless  library  trustees  have  been  elected. 

Section  27.     Union  of  associations: 

Provides  a  method  l)y  which  two  incorporated  library  associations 
in  the  same  town  may  unite. 

Sections  28-30.     Provide  for  the  distribution  of  ])uljlic  documents  to 
libraries. 

Section  31.     Chapter  63  of  the  public  statutes  of  1906  is  hereby  re- 
pealed. 

Note:  The  forcgoino;  act,  sections  1-30,  practically  re-enacts,  with 
some  amendments,  Chapter  03  of  the  public  statutes  of  1906  repealed 
above. 

LIP.RARIES  IN  PENAL  INSTITUTIONS 

Laws,  1910,  p.  242 

Act  No.  235  amends  section  6083  in  regard  to  lilirarics  in  penal 
institutions. 

Section  1.     Establishment: 

Section  6083  of  the  public  statutes  is  hereby  amended  as  follows: 
The  library  commission  shall  provide  and  su|)ervise  suitable  libraries 
in  penal  and  charitable  institutions  maintained  by  the  state  subject 
to  regulation  by  the  board  of  penal  institutions. 
The  library  commission  may  expend  five  hundred  ($500.00)  dollars 
in  the  year  1910  and  two  hundred  ($200.00)  dollars  annuallv  there- 
after for  the  above  ])uri)ose. 

COUNTY  JAILS 

Statutes,  1906 

Section  6120.     jail  library: 

[ailers  shall  receive  books  given  bv  Christian  churches  and  benevo- 
lent individuals  in  their  respective  counties  for  a  librarv  for  per- 
sons confined  in  jail.  The  jailers  shall  enter  the  names  of  the  donors 
in  the  books  of  record,  with  the  titles  of  the  books,  which  shall  l)e 
ojien  to  the  ins])ection  of  all  persons.  The  jailer  shall  be  the  librarian 
and  shall  keej)  safely  the  books  in  the  library  and  distribute  them 
to  ])ersons  confined  in  jail  and  exchange  same  from  time  to  time, 
but  he  shall  not  deliver  books  to  a  jjcrson  who,  in  his  opinion,  will 
destroy  or  misuse  them. 

316 


Vermont — 9 

PEXAl.TN'   FOR  TIIKFT  Ol"   LH'.RAf^IV   PROPERTY 

Laws.  1')10,  Act  Xo.  227 

Act  to  ])revent  ])url()inin,<^"  of  jjropertv. 

A  i^erson  who  removes  from  any  jnibHc  library,  anv  l:)ook  or  other 
property  without  tlie  consent  of  the  person  in  charge,  shall  be  fined 
not  more  than  fifty  ($50.00)  dollars  for  each  offense,  one-half  for 
the  use  of  the  lilirary  and  the  other  half  to  the  treasurer  for  cost.^ 
tor  prosecution. 

EXEMPTION  FROM  TAXATIOX 

Statutes,  1906 

Si-x'Tiox  496.     The  foilowino^  property  shall  l)e  exempt  from  taxation: 

^c  rj?  :|;  :f; 

VI.     Real   and  personal  estate  used  bv   i)rivate  and      circulating 

libraries  open  to  the  pulilic  and  not  used  for  profit. 

*     *     *     * 

IX.  Buildings  owned  and  occupied  bv  the  Young  Men's  Christian 
Association  for  the  purpose  of  its  work,  the  income  of  which  is 
entirely  used  for  such  puqioses  and  in  wliich  such  association  main- 
tains a  free  reading  room. 


317 


VIRGINIA 

STATE  LIP.RARY— TRA\^ELING  LIBRARIES 

ConE,  1904.  \'nT..  1 

Section  247.     Authnri/ation.     Bonds: 

There  shall  l)e  maintained  at  the  state  capitol  a  state  library,  consist- 
ing^ of  books,  records,  portraits  and  i^eneral  works,  which  shall  be 
conducted  as  a  library  of  reference. 

The  librarian  shall  gnve  a  bond  of  $2,000;  the  doorkeeper,  of  $500. 
Their  salaries  shall  be  paid  from  appropriations. 

Section  248.     Library  funds: 

All  books,  documents,  and  maps  published  by  the  state  and  not  other- 
wise disposed  of  by  law"  shall  be  sold,  and  the  i:)roceeds  shall  consti- 
tute a  library  fund. 

Section  249.     Donations  and  cxchano^es: 

Tlie  library  board  shall  arrange  for  the  exchang-e  of  publications 
with  other  states  and  institutions.  It  niav  send  its  publications  to 
libraries  and  societies. 

Section  250.     Donations  for  law  schools: 

The  secretary  of  the  commonwealth  .shall  furnish  schools  in  whicli 
a  law  school  is  established  copies  of  certain  documents. 

Section  251.     Funds: 

Provides  for  care  of  library  fund  bv  the  treasurer  of  the  state. 

Section  252.     Sale  of  i)ublications: 

Provides  methods  for  selling  state  publications. 

Sectio.v  253.      Payments  from  library  fund: 

Provides  form  for  ])ayment  on  account  of  state  librarv. 

Section  254.     State  librarv  board;  ai)i)ointments ;    terms;    i)owers. 
Law  library.     'I'ravcling  libraries: 

State  library  shall  be  managed  by  a  board  of  directors  styled  "The 
Library  P)Oard" ;  but  the  Supreme  Court  of  Appeals  shall  have  the 
management  of  the  law  lil)rary,  which  .shall  l)e  kept  .separate  from 
the  state  library. 

The  terms  of  the  directors  first  apjiointed  (for  state  library)  shall 
be  one,  two,  three,  four  and  live  years,  resi)eclively, — of  their  succes- 
sors, live  years. 

"i'he  library  board  shall  organize  by  electing-  a  chairman.  It  shall 
ai)i)oint  a  librarian  and  doorkeeper,  and  may  appoint  assistants  and 
cataloguers,  'i'he  terms  of  office  of  these  shall  be  at  the  pleasure 
of  the  board.     The  librarv  board  sliall  keej)  minutes  of  its  ])roceed- 

319 


\'lRGINIA 2 

ins^s.     It  may  acquire  hooks,  maps,  records,  etc..  and  shall  cause  the 

state  records  to  he  edited  and  pul^lished,  as  funds  at  its  disposal  may 

permit. 

It  shall  make  regulations  tor  the  library  and  see  that  it  is  properly 

managed. 

It  shall  direct  all  expenditures. 

Members  of  the  hbrarv  board  shall  receive  no  compensation,  but 

reasonable  expenses  mav  be  paid. 

The  library  board  shall  report  annually  to  the  o-o\'ernor. 

It  may  purchase  books  and  equipment  for  traveling-  libraries,  and 

traveling-  libraries  mav  be  loaned  for  a  limited  time  to  any  free 

lii^rarv  or  any  community. 

Section  255.     Additions  to  library: 

The  library  board  shall  annually  purchase  such  books  for  the  library 
as  may  seem  desirable. 

Records  of  the  several  departments  of  the  state  g-overnment  shall 
by  arrangement  be  deposited  in  the  state  library,  but  shall  be  re- 
garded as  in  the  custody  of  the  officers  of  the  several  departments 
to  which  they  belong. 

Section  256.     Historical  works  and  relics: 

Provides  for  the  care  of  books,  pamphlets,  manuscripts  and  relics, 
and  for  the  imblication  of  records,  and  provides  for  the  expense 
thereof. 

.Section  257.     Librarian.     ITis  duties: 

Librarian  shall  have  charge  of  state  lil)ra'-v,  givin'^-  iiersonal  atten- 
tion thereto  and  enforcing  the  rules. 

He  shall  be  secretary  of  the  library  board  and  perform  the  duties 
belonging  to  that  position. 

Section  258.     Hours  of  opening. 

Section  259.     Duties  of  doorkeeper : 

Doorkeeper  shall  assist  librarian  in  discharge  of  his  duties. 

Section  260.     \Mio  may  use  state  library: 

Enumerates  the  state  oflTicials  who  may  use  the  lil)rary,  and  gives 
the  library  board  ])ower  to  extend  the  privilege  to  others. 
Forbids  the  removal  from  the  library  of  anything  of  special  \alue. 
and  limits  time  for  return  of  books  to  two  weeks. 

Section  260  a.     Protection  of  library  property : 

Provides  penalties  for  injury  or  destruction  of  library  property. 

320 


LAW  LIBRARIES 

SiccTiox  261.     Law  lil)raries: 

I'roNidcs  there  ,-hall  I)e  a  stale  law  library  at  Richmond,  witli 
branches  at  Wylheville  and  Staunton,  under  the  niana<:i"ement  oi 
the  sui)renie  court  of  aiijieals.  which  shall  appoint  the  staff. 

SK'Ttox  2r-2.      Took     for  the  law  librari'^s: 

Pro\-ides  fo-  the  i:)iMxha'^e  of  books  bv  the  sui)reme  court  of  appeals, 
and  for  rbicin^  exch.anoes  in  the  law  libraries. 

Sectiox  263.     Resfulations  of  law  libraries: 

Authorizes  the  supreme  court  of  apjieals  to  make  and  enforce  rules. 

Sectton  264.     Who  may  use  law  libraries : 

Names  the  officials  of  the  state  who  may  use  the  law  libraries,  and 
Skives  the  supreme  court  of  appeals  power  to  extend  the  privile,q;e  to 
others. 

Section  265.     Provides  for  the  distribution  of  session  acts  and  code 
of  Vir,a:inia. 

Section  266.     Law  libraries  for  courts  and  bar: 

Provides  that  when  a  law  librarv  of  the  value  of  at  least  one  hun- 
dred dollars  ($100.00)  has  been  provided  by  voluntary  contribu- 
tion, the  clerk  of  the  circuit  court  of  such  county  shall  take  charge 
of  the  library. 

LEGISLATR^E  REFERENCE  BUREAU 

Acts  of  General  A.ssEMr,i.v,  1914,  Pace  303.  Ciiai'ter  104 

Section  1.     Creation: 

There  is  hereby  created  a  bureau  to  be  known  as  a  legislative  refer- 
ence Inireau. 

Section  2.     Director: 

The  bureau  shall  be  in  chart^-e  of  a  director  appointed  bv  the  t^over- 
nor,  with  the  approval  of  the  senate,  without  reference  to  i)arty 
affiliations  a'^d  sol-ly  on  the  ground  of  fitness  to  perforin  the  duties 
of  his  ofifice.  Salary  shall  be  two  thousand,  five  hundred  dollars 
($2,500),  term  five  years  unless  removed  bv  the  governor  for  cause. 
He  shall  de\''ic  his  entire  tinie  to  the  bureau;  shall  not  be  engaged 
in  any  other  occr])ation ;  shall  be  a  graduate  of  a  law  school  approved 
l)y  the  governor,  a  student  of  i)olitical  science  for  at  least  twelve 
months,  and  have  had  experience  in  drafting  statute  law. 

Section  3.     Stafif: 

Director  may  emi)loy,  and  fix  compensation  of,  assistants,  drafts- 
men and  clerks,  who  .shall  be  selected  without   reference  to  party 

321 


^'IRGIXIA 

affiliations,  solely  on  the  oronnd  of  fitness;  compensation  to  be  paid 
out  of  appropriations.  State  librarian  may  assign  employees  of 
the  state  library  to  assist  in  the  le.s^islative  reference  bureau  durins^ 
the  sessions  of  the  assembly. 

Section  4.     Rooms.     Hours: 

Suitable  rooms  shall  be  provided  in  the  state  library  buildin.a:,  capitol 
or  elsewhere  in  Richmond.  Hours  shall  be  9  A.  ^I.  to  5  P.  M. 
through  the  year,  and  durino-  the  sessions  of  the  assembly  such 
other  hours  as  may  be  required  by  the  presidin.a;  officers. 

Section  5.     Use  of  other  libraries: 

The  director  and  employees  shall  have  access  to  state  law  library  and 
state  library,  with  ri.oht  to  withdraw  books,  etc. 

Section  6.     Functions: 

The  bvireau  shall : 

(1)  Collect  and  classify  books,  pamphlets,  etc.,  relating-  to  prospec- 
tive or  pending-  legislation. 

(2)  Prepare  catalogs,  indexes,  lists,  digests  and  compilations  of 
material. 

(3)  Publish  bulletins  and  jjamphlets. 

(4)  Keep  on  file  copies  of  all  bills,  resolutions,  amendments,  re- 
ports, etc. 

(5)  Accumulate  data  and  statistics  regarding  the  practical  opera- 
tion of  statutes  of  this  and  other  states. 

Skctiox  7.     Lil)rary  accessible: 

.Ml  books,  documents,  etc.,  shall  be  at  all  times  accessible  to  mem- 
bers of  the  general  assembly,  state  and  nmnicii)al  officers.  ])oards, 
commissioners  and  the  public. 

Section  8.     Duties: 

Upon  the  ref|uest  of  the  governor  or  any  member  of  the  general 
assembly  the  bureau  shall : 

(1)  Draft  or  aid  in  drafting  legislative  bills,  resolutions,  or  amend- 
ments thereof. 

(2)  Advise  as  to  the  constitutionality,  or  legal  effect,  of  proposed 
legislation. 

(3)  Prepare  summaries  of  existing  law  affected  by  proposed  legis- 
lation, comi)ilations  of  laws  in  other  states  or  countries,  and  state- 
ments of  the  operation  and  effect  of  such  laws. 

(4)  Make  researches  and  examinations  as  to  any  subject  of  pro- 
posed legislation. 

Section  9.     Form  of  procedure : 

All  requests  for  drafting  of  bills  or  resolutions  shall  be  in  writing. 


Virginia — 5 

shall  describe  purpose,  shall  be  signed,  shall  be  held  in  confidence 
by  the  bureau.  Bureau  shall  draft  bills  in  conformity  with  such 
requests. 

Section  10.     Printing-  and  binding- : 

Printing;  and  binding  necessary  for  the  bureau  shall  be  done  by 
the  public  iirinter,  who  shall  furnish  necessary  stationery  and  sup- 
plies, all  to  be  paid  out  of  the  general  printing  funds. 

Section  11.     Appropriations: 

Appropriates  ten  thousand  dollars  ($10,000)  for  expenses  until  the 
next  biennial  session, — not  more  than  five  thousand  dollars  ($5,000) 
to  be  used  in  any  one  year. 

PUBLIC  TJBRARTES 

Code,  1904,  Vol.  1 

Section   1043  a.     Establishment: 

Authorizes  cities  and  incorporated  towns  to  establish  and  maintain 
free  public  libraries  and  reading  rooms. 

1.  Council  may  establish: 

The  council  of  each  incori)oralcd  city  and  town  shall  haye  power  to 
establish  and  maintain  a  public  library  and  reading  room,  and  may 
leyy  a  tax  annually,  not  to  exceed  one  mill  on  the  dollar,  for  that 
pur])ose. 

2.  Ai)i)ointment  of  library  board: 

When  any  city  or  town  in  council  shall  have  decided  to  establish  and 
niaiiUain  a  i:)ublic  library  .and  reading  room  under  this  act,  ihc 
mayor  shall,  with  the  ajjproval  of  council.  ai)poinl  nine  directors  who 
are  citizens:  and  not  more  than  one  member  of  council  shall  be  at 
any  one  time  a  member  of  said  board,  and  he  shall  be  the  chairman 
of  the  committee  on  finance  of  said  council;  and  the  city  superin- 
tendent of  public  schools  shall  also  be  a  member  of  said  board. 

3.  Terms  of  library  board: 

Directors  shall  hold  oftice  after  first  ai)poinlment.  one-lhird  for  one 
year,  one-third  for  two  years,  and  one-third  for  three  years;  there- 
after for  three  years.  The  mayor  may,  with  consent  of  the  coun- 
cil, remove  any  director  for  misconduct  or  neglect. 

4.  \'acancies: 

\'acancies  shall  be  filled  in  the  same  manner,  and  no  director  shall 
receive  compensation  as  such. 

5.  Organization  and  powers : 

Directors  sh.all  organize  by  the  election  of  officers;  shall  make  rules; 
shall  have  control  of  finances,  of  construction  of  buildings;  custody 
of  the  ground,  rooms  or  building;  i)royided,  that  all  the  monevs  for 
said  library  shall  be  deposited  in  ihe  city  treasury  and  drawn  upon 


Virginia — 6 

l)y  the  proper  officers  of  the  board.  r)oard  shall  have  i-)ower  to 
purchase  or  lease  .s;round,  lease  or  erect  building'  or  building-s,  ap- 
point lilirarian  and  stall,  and  fix  their  compensation,  power  to  re- 
move such  ajipointees,  and  in  general  to  carrv  out  the  intent  of  this 
act. 

6.  Lil)rar3'  shall  be  free: 

Every  library  and  reading  room  established  under  this  act  shall  be 
forever  free  to  the  use  of  the  inhabitants  where  located. 

7.  Report : 

Every  board  shall  report  annually  to  the  city  or  town  council. 

8.  Penalties : 

Council  of  said  city  or  town  shall  have  power  to  pass  ordinances 
imposing  penalties  for  injury  to  library  property  or  failure  to  return 
books. 

9.  Legal  designation  of  the  board.     Donations : 

Board  is  empowered  to  take  property,  real  or  personal,  l)v  gift, 
grant  or  devise,  and  provides  that  any  person  desiring  to  make 
donations  of  money,  personal  property,  or  real  estate,  for  the  bene- 
fit of  such  library,  shall  ha^'e  the  right  to  \est  the  title  to  money  and 
real  estate  so  donated,  in  the  board  of  directors  by  its  proi:)er  official 
designated,  created  under  this  act,  to  be  held  and  controlled  by  such 
board  when  accepted  according  to  the  terms  of  the  deed,  gift,  devise, 
or  becjuest,  of  such  property;  and  as  to  such  property  the  members 
of  said  board  shall  be  held  and  considered  to  be  special  trustees. 

SCHOOL  DISTRICT  LIBRARIES 

Acts.  1<)14,  Pace  138,  Chapter  82 

1.  Enacts  that  the  former  act  ajijjroved  March  14,  1008,  shall  be 
amended  to  read  as  follows : 

Section  1.     Funds: 

Provides  that  when  friends  of  any  public  free  school  shall  ''ivc  to 
the  clerk  of  the  district  fifteen  dollars  ($15)  for  the  i)UT-cha;e  of 
books,  the  school  board  shall  appropriate  fifteen  dollars  ($15)  for 
the  same  purpose,  and  shall  a]:)point  a  manager  of  said  library.  The 
school  board  shall  also  ap]:)oint  a  com])etent  person  to  select  l)ooks 
for  the  libraries  that  may  be  established,  from  list  approved  by  the 
state  board  of  education.  Provided,  that  no  school  l)oard  shall  be 
obliged  to  api^ropriate  money  for  more  than  five  libraries  in  any  one 
year. 

Section  2.     Method  of  jiurchase  and  arrangement: 

This  section  prescrilies  the  way  in  which  selections  and  remittances 
shall  be  made,  and  further  jirovides  that  the  state  board  of  cduca- 

324 


ViKGIXIA 7 

tion  shall  make  rules  and  re.s^ulations,  and  that  the  district  school 
board  shall  fiu-nish  a  bookcase. 

Section  3.     Rules  and  exchano:es : 

The  local  manager  of  each  library  shall  conform  to  the  rviles  pre- 
scribed by  the  state  board  of  education.  The  local  nianajiers  of  two 
or  more  libraries  mav  exchange  libraries. 

Note.  The  act  of  1008  was  amended  in  1910  and  again  in  1912. 
its  latest  form  is  as  aboye. 


325 


WaSIIIXCiTOX — 1 

WASHINGTON 

STATE   LIBRARY,    STATE   LIBRARY   COIVOIISSION   AND 

ADVISORY  BOARD 

Remington  &  Balltnger  Annotated  Codes  and  Statutes,  1910 

Vol.  2 

Section  6952.     Commission.     Membersliip.     Terms.     No  Compen- 
sation : 

The  state  library  commission  shall  consist  of  the  orovernor,  judges 
of  the  supreme  court,  and  attorney'  general.  An  advisory  board 
is  likewise  created  which  shall  consist  of  the  superintendent  of 
public  instruction,  of  two  persons  appointed  by  the  governor  on  his 
own  initiati\e  and  of  two  persons  appointed  by  the  governor,  one 
being  recommended  by  the  Washington  State  Historical  Society 
and  one  bv  the  State  Federation  of  Women's  Clubs.  This  advisory 
l)oard  shall  give  advice  to  the  librarv  commission  and  its  librarian, 
with  regard  to  the  historical  branch  of  the  state  library,  and  the 
free  public  and  traveling  departments  thereof.  The  term  of  mem- 
bers of  the  advisory  board  shall  be  four  years.  No  member  shall 
receive  any  salary,  but  actual  traveling  expenses  while  engaged  in 
their  duties  shall  be  paid. 

Section  6953.  Duties  of  commission.  Librarian  and  assistants: 
The  library  commission  shall  have  control  of  the  state  library ; 
shall  appoint  librarian,  who  shall  hold  office  at  the  pleasure  of  the 
commission.  State  librarian  shall  take  oath  to  faithfullv  discharge 
his  duties;  give  bond  for  two  thousand  ($2,000.00)  dollars;  shall 
ai)point  two  assistants  with  the  consent  of  the  library  connnission 
who  shall  qualify  in  like  manner  as  the  librarian.  Commission  shall 
adopt  rules  for  the  management  of  the  library. 

Section  6958.     Salary  of  state  librarian. 

Section  6959.     Duties  of  state  librarian: 

State  librarian  under  direction  of  the  librarv  commission  shall: 

1.  Assume  charge  of  the  slate  library;  jirovule  and  arrange  rooms 
with  fittings  and  fixtures. 

2.  Purchase  books,  records,  etc. 

3.  Receive  and  take  charge  of  all  books,  etc.,  which  may  be  donated 
to  said  library. 

4.  Provide  for  care  and  re])air  of  the  library  property. 

5.  Receive  and  distribute  i)ublic  documents  as  required  by  law. 

6.  Act  as  secretary  of  the  library  connnission  and  advisory  board. 

7.  liiennially,  before  the  meetings  of  the  legislature,  make  a  report 
to  the  state  lilirary  commission. 

Z27 


Washinctox — 2 

8.     Discliarge  such  other  chities  as  rer|uired  by  law  or  I))-  the  direc- 
tion of  the  library  commission. 

The  expenses  incurred  in  the  discharge  of  such  duties  properly 
audited  shall  be  paid. 

Sfxtion    6960.     Duties   and   jjowcrs   of   commission    and    advisory 
1)oard : 

Library  commission  shall  have  absolute  direction  and  cfintrol  of 
the  law  department  of  the  state  hbrarv,  its  arrano-ement  and  the 
purchases  to  be  made  in  connection  therewith.  Librarv  commis- 
sion, with  the  advice  and  assistance  of  the  advisory  board  shall  con- 
trol the  miscellaneous  department  of  the  state  library  and  travelin.c; 
libraries,  the  historical  department,  and  shall  direct  purchases  and 
receive  donations,  and  direct  its  policy  in  all  particulars. 
The  advisory  board  shall  e^ive  particular  attention  to  the  state  his 
torical  department  and  the  travelins:  libraries  and  shall  oive  advice 
and  counsel  to  all  free  libraries  in  the  state,  and  to  all  communities 
proposinf^-  to  establish  them,  as  to  establishment,  books,  selection, 
cataloging-,  and  other  details. 

Sectiox  6961.     Office  and  secretary: 

Library  commission  and  advisory  board  shall  have  their  office  at 
the  office  of  the  state  library.  Librarian  shall  act  as  secretary  to 
the  commission  and  to  the  board ;  shall  keep  record  of  the  proceed- 
in.s^s,  accounts  of  financial  transactions  of  the  commission,  and  with 
the  advice  of  the  board,  act  in  organizin_g  and  improvin,g  free  public 
libraries  and  in  the  management  of  the  state  library  or  any  depart- 
ment thereof.  His  expenses  as  secretary  shall  ])e  paid  as  other  ex- 
penses incurred  by  him. 

Sfxtion  6962.     Custody  of  public  documents: 

The  printing-  board  shall  deliver  public  documents  immediately  to 
the  state  librarian  who  is  declared  the  custodian  thereof,  except 
that  the  printing  board  shall  receive  one  hundred  copies  of  reports 
of  each  state  officer  to  be  arrang-ed  and  bound  in  sets,  and  they  shail 
deliver  such  bound  sets  to  the  state  librarian. 

.Section  6963.     "Public  Documents"  defined: 

The  term  "i)ublic  documents"  shall  include  the  supreme  court  re- 
ports, session  laws,  legislative  journals,  reports  of  state  officers  or 
commissions  or  boards  of  the  state,  or  of  any  person  or  ])ersons 
authorized  by  law  to  make  such  reports. 

Section  6964.     Record  of  i)ublic  documents: 

State  librarian  shall  keep  a  record  of  all  documents  received  and 
distribute  the  same,  and  shall  report  the  distribution  and  the  num- 
ber on  hand  to  the  state  i)rinting  board,  and  shall  biennially  report 

328 


Washington — 3 

to  the  governor  in  detail,  shall  call  attention  to  any  shorta.s^e  or  any 
waste  of  the  surplus,  and  make  recommendations. 
The  \\'ashington  state  library  commission  shall  surrender  to  the 
librarian  all  books  or  documents  in  its  possession. 

Sections  6965  to  6970  inclusive,  j^rovide  for  the  distribution  of  pub- 
lic documents  In-  the  state  librarian  under  the  direction  of  the  com- 
mission. 

STATE  LA^^'  LIBRARY 

Sfxtion  6954.     Assistant  state  librarian  to  have  charge: 

The  assistant  state  librarian  shall  hereafter  have  charge  of  the 
law  department  of  the  state  librarv  and  shall  be  entitled  the  state 
law  librarian;  shall  hold  his  office  by  appointment  of,  and  at  the 
pleasure  of  the  supreme  court.      (Laws  of  1907). 

Skction  6955.     Salary: 

The  salary  of  the  state  law  librarian  shall  be  twenty-four  hundred 
($2400.00)  dollars  per  annum.  (Note:  Session  laws  1915.  page 
217,  appropriate  ($4800.00)   for  salarv  of  state  law  librarian). 

STATE  TRAVELING  LIBRARY 

Skctio.v  6956.     Management: 

The  state  traveling  library,  with  all  books  and  propertv  belonging 
thereto,  .shall  be  under  the  management  of  a  superintendent  who 
shall  be  ai)]iointed  l)y  and  hold  office  at  the  pleasure  of  tlie  state 
librarv  commission,  who  shall  have  supervision  over  said  superin- 
tendent and  tlie  Iiooks.  i)roperlv  and  affairs  of  said  traveling  librarv. 

Skctiox  6957.     Salar^■  of  sui)erintendent : 

The  sunerintendent  shall  be  charged  with  all  the  duties  now  resting 
ui)on  the  state  librarian  with  reference  to  said  traveling  library. 
The  superintendent  shall  lie  allowed  a  salarv  of  twelve  hundred 
($1200.00)  dollars  i)er  annum  and  necessarv  traveling  expenses. 
(Note:  Session  laws  1915,  page  216  appropriate  twenty-four  hun- 
dred (S2400.00)  dollars  for  salarv  of  superintendent.) 

PUBLIC  Lir.RARlES  AND  MUSEUMS 

Section  6971.     Establishment: 

By  a  majoritv  vote  at  any  election  any  citv.  village,  town,  school 
district  or  other  bodv  authorized  to  lew  and  collect  taxes,  or  by  a 
vote  of  its  common  council  any  city  or  incorporated  town,  mav 
establi.sh  and  maintain  a  free  iniblic  librarv,  with  or  without 
branches,  either  by  itself  or  in  connection  with  anv  other  body 
authorized  to  maintain  such  library.  Whenever  twentv-five  tax 
payers  shall  petition,  the  (juestion  of  providing  librarv  facilities  shall 


Washixgtox 

be  voted  on  at  tlie  next  election  or  meeting:  at  which  taxes  may  be 
voted ;  provided,  that  due  pubHc  notice  shall  have  been  .a^iven  of  the 
proposed  action.     (As  amended.  Laws.  1915.  Chapter  12"). 

(Verbatim) 

Section  6972.     Public  aid  to  circulalins:  libraries: 

By  a  similar  vote  money  may  be  t^ranted  toward  the  support  of 
libraries  not  owned  by  the  public,  but  maintained  for  its  welfare  and 
free  use;  provided,  that  such  libraries  shall  be  subject  to  the  in- 
spection of  the  state  library  commission  and  registered  by  it  as 
maintainino;  a  proper  standard;  that  the  commission  shall  certify 
what  number  of  books  circulated  are  of  such  character  as  to  merit  a 
^s^rant  of  puijlic  money,  and  that  the  amount  granted  yearly  shall 
not  exceed  ten  cents  for  each  volume  thus  certified. 

Section  6973.     Annual  appropriations : 

Taxes  may  be  voted  liy  anv  authority  named  in  Section  6971  for 
any  purpose  specified  in  Sections  6971  and  6972,  and  shall  unless 
otherwise  voted,  be  considered  as  annual  appropriations  therefor 
until  changed  by  further  vote;  and  shall  be  levied  and  collected 
yearly  or  as  directed,  and  all  money  from  taxes  or  other  sources  for 
such  library  shall  be  kept  as  separate  library  fund,  expended  only 
under  the  direction  of  librarv  trustees.  Everv  free  library  shall 
be  maintained  and  managed  as  pro^•ided  in  this  chapter. 

Section  6974.     Trustees,  qualifications,  etc. : 

The  control  and  management  of  free  libraries  shall  be  vested  in  a 
board  of  five  trustees,  unless  a  larger  number  be  voted,  who  shall  be 
elected  l)y  the  legal  voters  except  that  in  cities  and  incorporated 
towns,  the\-  shall  be  appointed  by  the  mayor  with  the  consent  of  the 
council.  Xo  person  shall  l)e  ineligible  by  reason  of  sex  and  no  trus- 
tees as  such,  shall  ever  receive  any  com]:)ensation.  The  first  trus- 
tees shall  determine  by  lot,  whose  term  of  ofiice  shall  expire  each 
vear  and  a  new  trustee  shall  be  elected  annuallv  to  serve  for  five 
years,  except  when  the  board  consists  of  more  than  five  members. 
Each  trustee  shall  serve  for  a  term  of  years  corresponding  to  the 
number  of  regular  members  on  the  board  in  order  that  one  term 
shall  expire  each  vear.  All  vacancies  shall  be  filled  in  like  manner 
and  any  unexpired  term  for  the  residue  of  the  term.  ( .\s  amended. 
Laws,  1915,  Chapter  12). 

(Note:  A  note  in  the  library  laws  of  the  state  of  Washington 
issued  by  the  state  librarian  .says  library  trustees  in  cities  of  the 
fourth  class  must  be  elected.  Opinion  of,  the  attorney  general.  Time 
6,  1914). 

Section  6975.  Officers  of  board.  Powers  and  duties  of  librarian: 
Trustees  shall  organize  by  the  election  of  one  of  their  number  presi- 
dent and  the  election  of  such  other  officers  as  they  may  deem  neces- 

330 


Washington — 5 

sary.  They  shall  adopt  laws  and  reg'ulations  for  their  own  g-uid- 
ance  and  for  the  government  of  the  lihrary.  Thev  shall  have  super- 
vision, care  and  custody  of  all  lihrarv  propcrtv  and  the  expenditure 
of  all  moneys  collected  for  the  library  fund.  Thev  may  accept  and 
receive  gifts  of  money,  real  estate,  books  or  other  property  for 
librarv  purposes.  They  may  lease  and  occupy,  jiurchase  or  erect 
Iniildings  for  library  purposes.  They  shall  have  power  to  appoint 
a  chief  librarian  who  shall  l)e  subject  to  removal  by  the  board.  They 
shall  adopt  a  svstem  of  competition  or  examination  under  which 
all  appointments  except  that  of  chief  librarian  shall  be  made  and 
under  such  system  the  chief  librarian  shall  have  power,  with 
the  consent  of  the  board,  to  appoint  all  subordinate  enij^loves,  pre- 
scribe rules  for  their  conduct  and  remove  them  from  office.  So 
far  as  possible  all  appointments  shall  be  made  for  ascertained  fitness 
for  the  work  and  removal  shall  be  made  for  demonstrated  unfitness 
and  neither  appointments  nor  removals  shall  be  made  because  of 
candidates'  race,  color,  political  influence  or  religious  belief.  Trus- 
tees shall  have  the  power  to  do  all  acts  and  things  necessary  to  the 
management,  custody  and  control  of  the  library. 

.Section  6976.     Annual  report : 

Trustees  shall  make  an  annual  report  at  the  close  of  each  vear  to 
the  city  council  or  the  ]:)ro]:)cr  l)ody  authorized  to  lew  and  collect 
taxes,  stating  the  condition  of  their  trust,  an  account  of  money 
received  and  expended,  the  work  of  the  vear,  together  with  their 
estimate  of  the  income  necessary  for  the  proper  maintenance  for  the 
ensuing  year:  provided  that  nothin"-  in  this  chapter  shall  be  con- 
strued as  empowering  the  board  of  trustees  to  incur  anv  indebted- 
ness except  as  there  is  sufficient  m(inc\-  in  the  librarv  fund  and 
api)licablc  to  the  i)a\'mcnt  thereof. 

Skction  6977.     Registration  necessarv: 

In  order  to  avail  the  librarv  of  anv  provision  of  this  chapter  for 
state  aid,  the  board  of  trustees  shall  ai)i)lv  to  the  state  library  com- 
mission to  have  the  institution  registered  bv  the  commission  as  a 
library  under  its  visitation  and  supervision.  (W'rliatim) 

Section  6978.     Annual  report: 

Every  library  which  receives  state  aid  shall  make  to  the  commis- 
sion an  annual  report  verified  by  the  oath  of  its  presiding  ofiicer, 
giving  information  prescribed  by  the  commission.  These  rei)orts 
shall  be  summarized  and  transmitted  to  the  governor. 

Section  6979.     l.iliraries  to  be  free: 

Every  library  established  or  maintained  under  this  chajitcr  shall 
be  forever  free  for  the  use  of  the  inhabitants  of  the  citv,  town,  vil- 
lage or  district  where  located,  subject  to  such  reasonable  rules  and 
regulations  as  trtistces  may  find  necessarv. 

331 


Washington — 6 

Section  6980.     Use  of  library  by  non-residents : 

The  board  of  trustees  of  any  free  library  may  under  such  regula- 
tions as  it  may  deem  necessary  and  upon  the  conditions  a.s:reed  upon, 
allow  non-residents  of  the  city,  town,  village  or  district  in  which 
the  library  is  situated  to  use  the  books  therein,  and  may  make  ex- 
changes of  books  with  any  other  public  library  and  anv  such  board 
may  contract  with  the  commissioners  of  the  countv  in  which  the 
library  is  situated  or  with  the  commissioners,  trustees  or  council  of 
any  neighboring  county,  village  or  city,  to  loan  the  books  of  said 
library  to  the  residents  of  such  county,  village,  town  or  city  upon 
terms  agreed  upon  and  every  such  board  of  trustees,  board  of  county 
commissioners  or  village  trustees,  town  or  city  council,  is  hereby 
empowered  to  make  contracts  for  such  ]un-pose  and  to  pay  consid- 
eration agreed  upon  therein  to  the  lioard  of  trustees  of  such  library. 

Section  6981.     Mutilation.     Penalty: 

Whoever  intentionally  injures  or  destroys  anv  proi^erty  belonging 
to,  or  deposited  in  any  public  library,  reading  room,  museum  or 
other  institution  shall  be  punished  by  imprisonment  in  the  peniten- 
tiary for  not  more  than  three  years  or  in  the  countv  jail  for  not 
more  than  one  year,  or  by  a  fine  of  not  more  than  five  hundred 
($500.00 )  dollars,  or  by  both  such  fine  and  imprisonment. 
( Note :  Remington  &  Ballinger  Code,  Section  2656  makes  it  a 
misdemeanor  to  wilfully  or  maliciously  remove,  damage  or  destroy 
anv  work  of  literature  or  art,  or  other  objects  specified  in  any 
library  or  other  institution  named). 

Section  6982.     Keeping  books  overtime: 

Provides  that  any  one  detaining  librarv  propertv  tliirtv  days  after 
due  notice  in  writing  lo  return  the  same  has  ])een  given  after  the 
expiration  of  the  time,  which  by  the  rules  of  the  institution  it  might 
be  kept,  shall  be  punished  by  a  fine  of  not  less  than  one  or  more 
than  twenty-five  ($25.00)  dollars  or  by  imprisonment  in  jail  not 
exceeding  six  months.  Provides  that  notice  shall  bear  on  its  face 
a  copy  of  this  section. 

Section  6983.     Transformation  to  public  library: 

Any  corporation,  association,  school  district  or  combination  of  dis- 
tricts, may  by  legal  vote,  approved  by  the  library  commission,  trans- 
fer the  ownership  and  control  of  its  library  with  all  its  property, 
to  any  public  librarv  under  the  supervision  of  the  commission  and 
thereafter  said  public  library  shall  be  entitled  to  receive  anv  money 
or  other  property  from  the  state  or  other  sources  to  which  said  cor- 
poration, association  or  district  would  have  been  entitled  and  the 
trustees  or  body  making  the  transfer  sliall  be  relieved  of  all  respon- 
sibility for  the  property  transferred. 

332 


Was  111. xerox — 7 

Section  6984.     State  supervision: 

If  tlie  local  authorities  of  anv  librar}',  supported  wliollv  or  in  ))ar; 
b}'^  state  money,  fail  to  provide  for  the  safetv  and  i)ul)lic  usefulness 
of  its  books,  the  state  lil)rarv  commission,  shall  in  writin*^'  notifv  the 
trustees  of  said  library  of  what  is  necessarv  to  meet  the  state's  rc- 
(|uirements.  and  on  sttch  notice  all  its  rights  to  further  g'rants  ot 
mone)-  or  books  from  the  state  shall  be  suspended  until  the  com- 
mission certifies  that  the  ref|uirements  have  been  made  and  if  said 
trustees  shall  refuse  or  neglect  to  comply  with  stich  ref|uirements 
for  sixty  days  after  the  service  of  such  notice,  the  commission  may 
remove  them  from  office,  and  thereafter  all  books  and  other  library 
proi)erty.  wholly  or  in  part  paid  for  from  state  monev  shall  be  under 
the  full  and  direct  control  of  the  commission,  which  as  shall  seem 
best  for  the  public  interest  may  appoint  new  trustees  to  carry  on 
the  library  or  mav  store  it  or  mav  distribute  to  other  libraries  the 
books  paid  for  with  the  state  money. 

Section  6985.     State  to  loan  books: 

Under  such  rules  as  it  may  prescribe  the  state  librarv  commission 
may  loan  books  to  any  public  library  or  to  any  community  not  yet 
having  established  such  library,  but  having  conformed  to  the  con- 
ditions re(|uired  by  such  loan;  all  the  official  jjublications  of  the  state 
shall  be  furnished  free  to  every  public  library. 

Section  6986.     Advice  from  the  state  commission : 

Trustees  of  a  library  or  anv  citizen  interested  in  any  public  li- 
brary in  the  state,  shall  be  entitled  to  ask  and  receive  from  the  state 
library  commission,  advice  as  to  library  building,  equipment,  or- 
ganization and  administration.  Commission  may  provide  such 
advice  personally  or  through  printed  matter  and  correspondence. 
Commission  may  on  request  select  and  buv  books  or  furnish  money 
instead  of  books.  Such  assistance  shall  be  free  to  residents  of  the 
state,  but  the  commission  may  charge  a  fee  to  non-residents  or  for 
assistance  of  a  per.sonal  nature. 

Section  6987.     Disposition  of  funds: 

Commission  may  use  receipts  from  all  sources  for  buving  books 
or  for  other  i)roper  expense. 

Section  6988.     State  aid : 

Such  simis  as  shall  have  been  apjiropriatcd  bv  the  legislature  as 
a  fimd  for  i)ublic  lil)rary  aid  shall  be  paid  annuallv  according'  to 
an  apportionment  made  for  the  benefit  of  deserving  libraries  by  the 
commission;  provided,  that  this  money  shall  not  be  spent  for  any 
books  except  those  apjiroved  by  the  comnn'ssion ;  that  no  localit}' 
shall  share  in  the  a])portionment  unless  it  shall  raise  an  equal 
amount  from  taxation  or  other  local  sources;  that  the  expenditure 
shall  he  ])roi)erly  vouched  for  bv  the  commission;  that  books  jxaid 

333 


Was  ii  I  n  (  ;to  n — 8 

for  l)y  the  state  shall  be  subject  to  return  whenever  the  lil)rary  shall 
neglect  to  conform  to  the  regulations. 

Section  6989.     Abolition  by  vote: 

Any  library  established  under  this  chapter  mav  be  abolish-d  only 
bv  a  majority  vote  at  an  annual  election  ratified  bv  a  majoritv  vote 
at  the  next  annual  election.  If  any  library  be  abolished,  this  prop- 
erty shall  be  next  used,  first  to  return  to  the  commission  for  the 
benefit  of  other  libraries  in  that  locality,  the  equivalent  of  sucli 
sums  as  it  may  have  received  from  the  state  or  other  sources  as 
j^^ifts.  After  such  return  anv  remaining-  property  may  be  used  as 
directed  in  the  vote  abolishing  the  library.  When  transferred  the 
trustees  shall  be  freed  from  further  responsibility.  No  abolition 
of  a  public  library  shall  be  lawful  until  the  commission  grants  a 
certificate  that  its  assets  have  been  properly  transferred  and  its 
abolition  completed  in  accordance  with  law. 

Section  6990.     Gifts.     Title: 

All  persons  desirous  of  making  gifts  of  money,  personal  i-)roperty 
or  real  estate  for  the  benefit  of  a  public  library,  shall  have  the  right 
to  vest  the  title  thereto  in  the  board  of  trustees,  to  be  held  and 
controlled  by  the  board  when  accepted  according  to  the  terms  of 
the  deed,  gift,  devise  or  bequest. 

Section  6991.     Museums.     Construction  of  word  "library": 

All  provisions  of  this  chapter  shall  apply  equally  to  libraries  and 
to  combined  libraries  and  museums,  and  the  word  library  shall  be 
construed  to  include  reference  and  circulating  libraries  and  read- 
ing-rooms. ( Verbatim  ) 

Laws.    1915,   Page   655.   Chapter    184 

Section  14.     The  city  council  of  such  city  shall  have  power     *     '^■ 

*       *       * 


(o)   to  establish  and  maintain  a  free  pulilic  library; 


SCHOOL  LIBRARIES 

Remington  &  P>allinger  Annotated  Codes  and  Statutes,  1910, 

Vol..  2 

Section  4592.     Estaljlishmcnt : 

The  county  superintendent  of  each  county  of  this  state  may  estab- 
lish a  circulating  library  for  the  use  and  benefit  of  the  inipils  of 
the  common  schools  of  such  county.  (Verbatim) 

Section  4593.     Library  fund: 

County  commissioners  may  levy  a  tax  sufficient  to  carry  into  effect 

334 


Wash  ixgtox — ') 

the  provisions  oi^  Section  4592.  Provided,  that  said  tax  shall  not 
exceed  one-tenth  of  one  mill  on  the  dollar. 

Section  4594.     Payment  of  bills: 

County  commissioners  shall  not  allow  hills  to  be  paid  until  certified 
b}'  the  county  superintendent. 

Secttox'  4595.     Purchases: 

County  superintendent  shall  purchase  no  books  or  fixtures  until 
there  is  sufficient  money  to  credit  of  the  funds  to  pay  the  bills. 

Section  4596.     Approval  of  books: 

N'o  books  shall  be  i^laced  in  the  county  librar-\',  unless  recommended 
by  the  state  board  of  education  or  the  superintendent  of  public 
instruction. 

Sec'iiox  4597.     Supervision: 

The  county  superintendent  shall  purchase  the  books  and  enforce 
the  reg'ulations. 


335 


West  Virginia — 1 
WEST  \'IRGTXTA 

STATE  (LAW)  TJT.RARY 
Com-,  1913.  Vol.  1 

Skcttox  300.     A]:)pointnient.     Salary.     Term.     Bond : 

Tlicre  sliall  l)e  a  state  librarian  appointed  bv  tlie  oovernor,  wbose 
term  shall  commence  and  end  with  that  of  the  g'overnor.  He  shall 
give  bond. 

Section  391.     Powers.     Duties.     Liabilities: 

The  state  librarian  shall  have  cliarge  of  the  state  library,  and  be 
governed  by  the  following  rules : 

First.     Lil)rary  shall  be  ojjcn  to  officers  and  memliers  of  the  govern- 
ment named,  for  certain  hours  prcscrilied.     Xo  other  i^erson  than 
those  sj^ecified  shall  be  permitted  to  remove  any  book  or  jiai^er. 
Second.     No  book  or  pai)cr  shall  l)e  taken  from  the  library  unless 
a  signed  receipt  is  given. 

Third.  Other  persons  than  those  prescribed  may  be  iiermiUed  lo 
use  the  library  at  the  i)lace  where  it  is  kei:)t. 

Fourth.  It  shall  be  the  duty  of  the  librarian  in  his  annual  report 
to  gi\'e  the  names  of  those  who  have  obtained  books  and  have  not 
returned  them,  and  the  titles  of  the  books  not  returned. 
Fifth.  Librarian  shall  arrange  books  in  proi)er  and  convenient 
order,  and  shall  i)rcscrye  the  same  from  moldering  and  from  moths. 
1  ie  shall  also  kcc])  a  catalogue  of  the  books  of  the  lil)rarv,  and  sliall 
add  thereto  all  lionk'^.  purchased  or  received,  and  erase  therefrom  all 
books  lost  or  destroyed. 

Sixth.     Librarian  shall  collect  and  preserve  cojiies  of  pul)lic  docu- 
ments of  the  United  States  and  of  the  other  states. 
Seventh.      Lil)rarian  shall  ha\'e  i)ower  to  appoint  an  assistant  when- 
ever he  is  absent  on  official  duty. 

ICighth.  lie  ma)-,  \vith  the  consent  of  the  governor,  secrelar;\-  of 
state  and  attorney  general,  make  necessary  alter.-itions  in  the  library 
rooms,  and  appropriate  additional  room. 

Ninth.  Any  person  who  shall  remove  a  book  oi'  i)a])er,  and  shall 
fail  to  return  it  u])on  demand,  shall  be  liable  for  li\e  times  the  \alue 
thereof,  recoverable  by  an  action. 

Tentli.  Provides  that  the  librarian  shall  have  charge  of  the  sui)renie 
court  reports,  and  provide  for  their  distribution  and  exchange  for 
other  documents.  Shall  rei)ort  annualK-  to  the  go\-ei-nor.  all  trans- 
actions under  this  section. 

ICieventh.     Librarian  may  exchange  or  sell  documents  not  wanted, 
and  keej)  a  record  of  such  exchange  or  sale. 
'JA\elfth.      If  the  li1)rarian  shall  ;ii)pro])riate  to  his  own  use,  or  dis- 

3.V 


W'kst  A'ir(;inia — 2 

pose  of  any  books  in  the  state  library,  he  shall  be  deemed  guilty  of 
a  misdemeanor  and  fined  not  less  than  five  dollars  ($5.00)  and  not 
more  than  one  thousand  dollars,  ($1,000.00)  and  forfeit  his  ofifice. 
Thirteenth.  All  necessary  expenses  incurred  In-  the  librarian,  not 
to  exceed  the  sum  of  five  hundred  dollars  ($500.00)  annually,  shall 
be  paid  out  of  the  state  treasurv. 

STATE  ]..\\y  UV,R.\RY 

Section  392.     Law  librarian.     .Xppointment.     Duties: 

The  county  court  of  Jefferson  County  is  authorized  and  directed  to 
appoint  a  competent  person  librarian  of  the  state  law  library  at 
Charleston,  and  to  make  repfulatinns  therefor. 

Section  393.     Same.     P.nnd.     Salarv: 

Librarian  shall  ^We  bond  for  five  hundred  dollars  ($500.00).  Pro- 
vides for  salary. 

STATE  BUREAU  OF  ARCHIVES  AND  HISTORY 

Section  394.     Establishment.     Powers.     Duties : 

Provides  for  the  establisiiment  of  a  state  bureau  of  archives  and 
history,  which  shall  contain  the  archives  of  the  state  and  public 
records,  books,  ])aniphlets,  rejiorts.  etc.,  on  historv,  1)iog,ranhv  and 
kindred  subjects  of  West  \'iroinia.  Provides  for  the  establishment 
of  a  nuiseum  in  connection  with  such  bureau. 

Section  395.     Same: 

Provides  that  the  bureau  shall  occupy  rooms  in  the  state  cajiitol,  or 
in  an  annex  thereto. 

Section  396.     Provides  for  the  ai)i)ointment  of  a  state  historian  and 
archivist  for  a  term  of  four  years. 

Section  397.     State  publications  to  be  exchano-cd  with  other  slates. 

Section  398.     Apjiropriation. 

PUBLIC  LIBRARIES 

Laws.  1915,  Pace  391,  Chapter  64 

An  act  authorizing^  incorporated  cities  and  towns,  and  also  counties 
and  school  districts,  to  levy  taxes  for  the  purpose  of  establishing- 
l^ublic  libraries  and  reading-  rooms. 

Sectio.x  1.     Explanation  of  terms: 

The  Pillowing  words  and  jihrases,  wherever  used  in  this  act  shall 
include  and  l)e  taken  to  mean  as  follows:  The  word  "inuniciiialily" 
shall  include  an  incorporated  city,  a  town,  a  county  and  a  school 

33S 


W'kST   \'lKC.IXt.\ — 3 

district:  "numicipal  aulhnritv"  sliall  iiiclude  the  mayor  and  coninion 
council  of  a  city,  a  town,  or  board  of  commissioners,  or  other  corre- 
si)onding-  autlioritv  thereof,  county  courts  and  boards  of  education 
of  school  districts  and  independent  school  districts;  "public  library" 
shall  include  nublic  library  and  reading  room:  "chief  executive 
authority"  shall  include  mayor  and  city  council  or  other  correspond- 
in<;-  authority  in  c'ties  and  towns  and  the  county  court  and  board 
of  education  in  counties  and  school  districts;  "the  directors  of  public 
library"  shall  include  the  members  of  public  library  boards  of  cities, 
towns,  comities  and  school  districts  established  under  this  act. 

(Verbatim) 
Secttox  2.     Establishment: 

The  municipal  authority  of  any  municiiiality  shall  haye  the  power 
to  establish,  equip  and  maintain  a  public  library,  or  take  over  and 
maintain  and  support  any  public  library  already  established  therein 
for  the  use  and  benefit  of  the  inhabitants  of  such  municipality;  and 
may  levy  an  annual  tax  for  the  purpose,  of  not  more  than  one  and 
one-half  cents  on  the  one  hundred  dollars,  on  all  the  taxable  prniicrty 
in  said  municipality,  such  tax  to  be  levied  and  collected  in  like 
manner  as  the  general  taxes  of  the  municiiialitv,  which  ^diall  l)e  kept 
separate  in  a  fund  to  lie  known  as  the  "library  fund";  [provided, 
that  when  any  nninicipality  makes  a  levy  for  a  municipality  in  which 
there  is  already  a  municijjal  library,  and  the  said  municipality  docs 
not  join  in  the  proiiosed  library,  the  said  municipality  shall  omic 
from  the  levy  of  the  library  tax  all  i)ropertv  within  the  limits  of  said 
munici])alily  not  joining-  in  said  i^roposed  library;  proxidcd.  further, 
that  before  establishino"  any  public  library,  or  levying  any  tax 
therefor,  the  municii)al  authority  shall  submit  the  question  to  the 
voters  of  such  municii)ality,  and  the  majority  of  the  voters  voting 
thereon  shall  authorize  the  establishment  of  such  library,  and  the 
levy  of  such  tax.  The  (|uestion  shall  be  submitted  at  a  general  or 
special  election,  u])r)n  the  order  of  said  municiijal  authority  or 
upon  the  petition,  in  case  said  municipal  authority  fail  or  rel'use 
to  do  so,  in  writing,  of  twenty  per  centum  of  the  (lualified  voters 
resident  of  the  municii)ality ;  and  tlie  election,  when  ordered, 
shall  be  conducted,  held  and  returned  in  all  respects  as  other  elec- 
liiin-;  and  the  ballot  used  shall  have  written  or  i)rinted  thereon 
under  the  heading  "Public  Library  Question"  the  words,  in  plain 
letters,  "For  Public  Library";  "Against  Public  Library."  And 
the  municipal  authority  of  said  nninicii)alitv  shall  give  at  least 
two  weeks  notice  of  said  election  by  ijublishing  notice  thereof  in 
one  or  more  newspai)ers  i)ublished  in  said  municii)ality ;  or,  if 
mme  are  therein  published,  by  like  notice  i)osted  for  a  like  period  at 
each  of  the  voting  i)laces  in  said  municii)ality,  and  at  five  other 
l)ublic  i)laces  for  a  like  ))eriod,  before  said  election,  .giving  the  date 
and  object  of  the  election.  (Verbatim) 

339 


West  Virginia — 4 

Section  3.     Directors: 

^^'henever  such  public  library  is  established  under  this  act,  the  chief 
executive  authority  of  said  municipality  shall  appoint  a  board  of  six 
directors,  chosen  from  the  citizens  at  laree  from  said  municipality, 
with  reference  to  their  fitness  for  such  office.  Such  directors  shall 
hold  office  for  three  years  from  the  first  dav  of  July  followin.^  their 
appointment,  and  until  their  successors  are  appointed;  but  upon 
their  first  apjiointment  thev  shall,  at  their  first  meetins;,  divide  them- 
selves into  three  classes,  so  that  one-third  of  the  nvunber  shall  hold 
office  for  a  period  of  one  vear,  one-third  for  two  years,  and  one-third 
for  three  vears.  Xo  person  shall  be  inedigible  to  serve  on  said  board 
bv  reason  of  sex.  \'acancies  in  the  board  shall  be  reported  to  the 
municipal  authorities,  and  filled  bv  appointment  in  like  manner  as 
original  apjiointments  for  the  unexpired  term.  The  municipal 
authorties  may  remoAe  anv  director  for  misconduct  or  ne.s^lect  of 
duty.  No  compensation  shall  lie  iiaid  or  allowed  anv  director.  The 
chief  school  officer  of  each  municipality  establisliins"  a  public  library 
shall  be  ex-officio  a  memiier  of  its  librarv  board  in  addition  to  the 
six  directors  provided  for  herein.  (A^crbatim) 

Section  4.      Directors.     Ora:anization.     Powers : 

The  directors  of  each  public  library  established  under  this  act  shall, 
immediately  after  their  appointment,  meet  and  org-anize  by  electin,2f 
one  of  their  number  as  ])resident,  and  one  as  secretarv.  A  majority 
of  all  the  members  of  any  board  shall  constitute  a  quorum  for  the 
transaction  of  business.  Thev  shall  make  and  adopt  such  by-laws, 
rules  and  reg-ulations  for  their  own  guidance  and  for  the  .govern- 
ment of  the  library  as  mav  be  expedient  and  not  inconsistent  with 
this  act.  Thev  shall  have  exclusive  control  of  the  expenditures  of 
all  the  money  coll  >cted  for  the  librarv  fund  a"d  fn'-  the  construction 
of  any  library  building  or  repairs  thereto,  and  the  sujiervision,  care 
and  cvistodv  of  the  grounds,  rooms  or  Imilding  constructed,  leased  or 
set  apart  for  the  purpose;  i^rovided,  that  all  monev  received  for 
public  librarv  purposes,  and  deposited  in  the  treasur\'  of  such  muni- 
ci])ality  to  the  credit  of  the  lilirary  fund,  shall  be  drawn  bv  the  proper 
municipal  officers  upon  the  jiroper  authenticated  vouchers  of  the 
librarv  board.  Public  librarv  boards  mav,  with  the  approval  of 
the  municipal  authority,  lease  and  occupy  or  ])urchase  or  erect 
an  appropriate  luiilding  for  the  use  of  said  librarv.  They  shall 
have  i)ower  to  ai)i)oint  a  suitable  libra'^ian  and  assistants,  and  pre- 
scribe rules  for  iheir  conducl,  and  fix  their  comjiensation ;  and  shall 
have  power  to  remove  such  appointee,  and,  in  general,  carry  oul 
the  spirit  and  iiuention  of  tliis  act  in  establishing  and  maintaining 
free  public  libraries  for  their  respective  munici])alities. 

Section  5.     Who  mav  use  libraries: 

Each  librarv  estalilished  under  this  act  shall  be  free  for  the  use  of 

340 


\\'  ICST  \  '  1  KC,  1  .\  I A 5 

tlu'  iiihaliitants  of  the  municipality  where  located,  subject  to  sucli 
reasonable  rules  and  regulations  as  the  lil)rarv  board  mav  adopt  and 
publish,  in  order  to  render  the  use  of  said  libra^'v  of  tjreatest  benefit 
to  the  greatest  number ;  and  said  board  may  exclude  from  the  use  of 
said  library  any  and  all  persons  who  shall  wilfully  yiolate  such  rules. 
The  board  may  extend  the  priyile^e  and  u'-e  of  said  library  to  non- 
residents of  the  municipality  upon  such  terms  and  conditions  as  said 
board  may  iirescribe. 

Section  6.     Report: 

Each  library  board  shall,  on  or  before  the  first  dav  of  fnlv  in  each 
year,  make  report  to  the  municipal  authority  appoinMns:  it.  stating 
the  condition  of  the  library  property,  the  various  sums  of  money 
received  from  the  library  fund,  and  all  other  sources,  and  how  such 
money  was  expended;  the  number  of  books  and  periodicals  on  hand, 
the  number  added  by  purchase  and  gift,  the  number  lost  or  mislaid, 
the  number  of  books  loaned  out  and  the  general  character  of  such 
br)oks,  together  with  an  itemized  budget  estimate  of  expense  of  the 
library  for  the  ensuing  year,  with  such  other  statistical  information 
and  suggestions  as  the}'  may  deem  of  general  interest  or  that  may 
be  required  by  said  municipality. 

Section  7.     Donations: 

All  persons  desiring  to  make  donations  of  cash  or  other  personal 
property  or  real  estate  for  the  benefit  of  such  library,  shall  have  the 
right  to  vest  the  title  thereof  in  the  library  board  created  under  this 
act,  to  be  held  in  trust  and  controlled  by  such  board  according  to 
the  terms  and  for  the  iiurposes  set  out  in  the  deed,  gift,  devise  or 
bef|uest. 

Section  8.     Penalty  for  injuring  ])ro]ierty: 

Any  one  who  shall  wilfully  deface  or  injure  any  building  or  furni- 
ture, or  deface,  injure  or  destroy  any  i:)icture,  plate,  engraying,  map, 
newspaper,  magazine  or  book,  or  any  object  of  art  belonging  to  a 
public  library,  shall  be  guilty  of  a  misdemeanor,  and  on  conviction 
thereof  shall  be  punished  by  fine  of  not  less  than  five  dollars  or  more 
than  fifty  dollars,  or  by  imiirisonmcnt  not  exceeding  six  months. 
The  fine  in  each  case  shall  be  paid  to  \hc  i)r()i»er  ofiicer  or  custodian 
of  the  library  fund  to  be  used  by  such  libr.-iry  as  other  money  jxu'd 
into  its  treasury. 

Skctiox  ').      Detention  of  books,  etc.: 

Any  i)erson  who  shall  wilfully  detain  anv  book.  newspai)er.  maga- 
zine. i)ami)hlet  or  manuscript  belonging  to  such  library,  or  to  any 
incorporated  library,  for  thirty  days  after  notice  in  writing  from 
the  librarian,  after  the  expiration  of  the  time  such  books,  news- 
l);il)er.  ma'^azine,  ])amphlet  or  m.uiuscript   may  be  kept  according 

341 


West  Virginia — 6 

to  the  rules  and  regulations  of  said  library,  shall  be  liable  for  dam- 
ages, to  be  recovered  by  said  library  board,  by  appropriate  pro- 
ceedings before  a  justice  of  the  peace;  the  recovery  in  each  case  to 
be  paid  to  the  proper  officer  or  custodian  of  its  funds;  j^roridcd,  that 
the  notice  required  herebv  shall  include  a  copy  of  this  section. 

SCHOOL  LIBRARIES 

Cope,  1913,  V.  1 

Section  2076.     Purchase  of  books : 

Board  of  education  of  any  district  may  purchase  books  for  school 
libraries.  Not  more  than  ten  dollars  ($10)  may  be  expended  in 
any  one  year  for  this  purpose  in  anv  school,  and  books  must  be  se- 
lected from  list  recommended  by  the  state  superintendent  of  schools. 

Section  2077.     School  librarian : 

Trustees  of  any  district  where  a  school  librarv  exists  of  two  hun- 
dred volumes  mav,  upon  petition  of  one-half  its  taxpayers,  employ 
a  responsible  person  to  care  for  such  school  library. 

LIBRARY  ASSOCIATIONS 

Code,  1913,  V.  2 

Sections  3196-3204.  Provide  for  the  incorporation  of  voluntary  as- 
sociations for  various  purposes,  enumerating  among  these  library 
associations. 


342 


W'iSC'OXSIX — 1 

^^"TscoNSIN 

STATE  (LAW)  LIBRARY 
Statutes,  1913 

SivCTiON  367.     Trustees: 

Justices  of  supreme  court  and  attorney  general  shall  be  ex-officio 
trustees  and  shall  have  full  control  of  the  lil)rarv  and  make  suitable 
rules  for  its  use. 

Sectiox  36(8.     State  law  librarian : 

Board  of  trustees  shall  appoint  a  librarian,  who  shall  give  l)ond  and 
prescribe  his  duties.     Shall  appoint  staff. 

Section  369.     Rules  and  regulations : 

1.  Tlie  library  shall  be  open  every  dav  during  sessions  of  the 
supreme  court  and  the  legislature,  except  Sundays  and  on  such  other 
days  as  they  may  direct. 

2.  Books  may  be  borrowed  by  an^^  state  officer,  member  of  the 
legislature  or  judge. 

3.  Attorneys  and  others  shall  be  permitted  to  use,  under  jjrojjer 
restrictions,  books  within  the  library. 

4.  Imposes  fines  and  forfeitures  for  violation  of  rules. 

Section  370.     Catalog: 

Trustees  may  direct  a  catalog  to  be  printed. 

Section  371.      Provides  for  ihe  i)urcha'-e  of  law  and  other  books. 

Section  372.     Duties  of  librarian: 

To  give  his  ])ersonal  attention  to  the  library ;  to  keep  an  account 
of  all  books  added  or  removed;  to  keep  a  catalog  of  the  library;  to 
keej)  a  record  of  books  issued;  to  secure  the  return  of  l)ooks  drawn 
by  members  of  the  legislature;  to  collect  penalties  incurred  bv  viola- 
tion of  the  rules;  to  transmit  pul)lic  documents  mentioned  to  the 
Librar}'  of  Congress  and  to  other  states  and  territories;  to  exchange 
publications  with  foreign  government;  to  ])erform  all  other  duties 
prescribed  by  the  trustees  or  bv  the  law;  to  cause  to  be  installed, 
in  the  most  scientific  and  ai)proved  method  a  card-index  and  calalo.g 
of  the  books  and  material;  to  attend  an  annual  conference  of  the 
American  Society  of  Law  Libraries,  for  the  purpose  of  studying 
modern  methods  of  library  administration  ;  to  sell  or  exchange  dupli- 
cates, subject  to  the  ai)i)rov:d  of  the  trustees. 

Section  373.     Prox'ides  for  the  deiiosil  and  distribution  of   L'nited 
States  documents. 

343 


Wisconsin — 2 

Statutes,  1913 

Skction   172-8,  as  amended.  Laws,   1915,  chajiter  558.     Appropria- 
tions : 

Sub-section  1  appropriates  annually,  beginning  July  1915,  $7,125 
f(ir  the  work  of  the  State  library. 

Sub-section  2  ai)propriates  annually,  beginning  July  1915,  $3,009 
to  carry  into  efifect  the  provisions  of  section  371,  of  Statutes,  1913, 
(imrchase  of  books). 

STATE  HISTORICAL  SOCIETY 

Statutes,  1913 

Section   374.     Powers.     Executive  committee.     Real  estate: 

The  State  Historical  Society,  organized  under  act  of  1853,  shall 
continue  to  possess  the  powers  and  privileges  thereby  conferred, 
subject  to  the  limitations  of  this  chapter  and  such  laws  as  shall 
hereafter  be  enacted.  The  Society  shall  be  the  trustee  of  the  State, 
and  as  such  shall  hold  all  the  property  of  the  Society.  There  shall 
be  an  executive  committee,  of  which  the  governor  and  the  secre- 
tary of  the  state  treasury  shall  be  ex-officio  members.  The  Society 
may  sell  and  convey  real  estate. 

Section  376.     Duties: 

It  shall  l)e  the  duty  of  said  society  to  collect  books,  maps  and  other 
material  illustrative  of  the  history  of  this  state  and  of  the  West; 
to  procure  narratives  from  early  pioneers ;  to  procure  facts  relative 
to  her  Indian  tribes;  to  purchase  books  for  the  various  clei:)artments 
in  its  collection ;  to  bind  books  and  other  material  and  catalog  the 
collections;  to  report  biennially,  for  publication;  to  keep  its  rooms 
open  at  all  reasonable  hours. 

Local  Historical  Societies 

Sections  376  a-376  e.     Give  authority  and  functions  of  local  histori- 
cal societies. 

Statutes.  1913 

Section  172-28,  as  amended.  Laws,  1915,  chapter  485.     Appropria- 
tions : 

Sub-section  1  appropriates  annually,  beginning  July  1915,  $50,000 
for  the  work  of  the  State  Historical  Society. 

Sub-section  2  appropriates  $8,195  for  the  payment  of  indebtedness 
incurred  prior  to  July  1,  1915. 

Sub-section  3  appropriates,  July  1,  1915,  $780,  July  1,  1916,  $780, 
for  property  rejiairs  and  maintenance. 
Sulj-section  4  appropriates  July  1,  1915,  $8,200,  July  L  1916,  $8,200, 

344 


Wisconsin — 3 

for  the  i)urchase  of  library  Ixtoks,   furniture  and  furnishings  and 
other  i)ernianent  i)roi)ertv  and  improvements. 


FREE  IJP.RARV  COMMISSION 

Section  373  a.     1.     Commission.     Secretary: 

The  governor  shall  a])point  two  persons  for  the  terms  of  five  years 
each,  who,  with  the  j^resident  of  the  university,  the  state  superin- 
tendent and  the  secretary  of  the  State  Historical  Society,  shall 
constitute  a  free  library  commission.  \^acancies  shall  be  filled  by 
the  governor.  The  officers  of  the  commission  shall  be  a  chairman, 
elected  from  the  members  thereof  for  one  year,  and  a  secretary 
not  of  its  own  number,  a])pointed  by  the  commission  to  serve  at  the 
will  of  the  commission,  under  such  conditions  and  for  such  com- 
pensation as  to  it  shall  seem  adequate.  The  secretary  shall  keep  a 
record  of  the  proceedings  of  the  commission  and  accounts  of  its 
financial  transactions ;  have  charge  of  its  work  of  organizing  and 
improving  libraries,  and  in  general  perform  such  duties  as  may 
from  time  to  time  be  assigned  him  by  said  commission.  In  addi- 
tion to  his  salary,  he  shall  be  allowed  his  actual  and  necessary 
traveling  expenses  while  absent  from  his  office  upon'  the  service  of 
the  commission.  Commission  may  also  engage  such  other  assist- 
ants as  shall  be  re(|uisite  to  the  i^erformance  of  its  work. 

(  Srri':R\isi()\  ok  rri'.r.ic  Lii!R.\Kn-:s) 

2.  .\dvice  and  aid: 

Commission  shall  give  advice  to  all  free  libraries  and  to  all  com- 
munities which  may  ])ro])ose  to  establish  them,  as  to  their  establish- 
ment and  administration,  the  selection  and  cataloging  of  books  and 
library  management,  and  may  send  any  of  its  members  to  aid  in 
organizing  and  improving  libraries. 

(  Tr.wki.i  no    Lir.KARIlCS) 

3.  Duties: 

Commission  shall  estal)lish  a  de])arlment  of  traveling  libraries  in 
charge  of  an  officer  si)ecially  (|ualified;  shall  purchase  books,  etc., 
and  accept  gifts  for  traveling  libraries.  Said  department  of  travel- 
ing libraries  shall  also  aid  in  esablishing  and  sui)ei-yising  a  county 
system  of  traveling  libraries.  Commission  may  coo])erate  with 
other  state  library  commissions  and  libraries  in  the  i)ublication  of 
documents,  in  order  to  secure  a  more  economical  administration; 
shall  re])ort  biennially  to  the  go\'ernor.  Xo  commissioner  shall 
be  com])ensated  for  his  services,  but  actual  li-aveling  exi)enses  in 
the  service  of  the  commission  ma\  be  allowed. 

34.=; 


Wisconsin — I- 

(Library  School) 

4.  Lilirary  school.  Other  duties.  Purposes : 
Library  coniniission  is  emjiowered  to  conduct  a  school  of  lil^irary 
science  and  to  hold  librarians'  institutes  in  various  parts  of  the  state; 
is  authorized  to  accei)t.  arrange  and  circulate  liooks,  traveling 
libraries  and  pictures  to  be  loaned  to  libraries  and  other  clubs,  com- 
munities, institutions  and  individuals;  shall  bind  periodicals  for 
traveling  libraries,  encourage  sttidy  clubs,  train  lil)rarians  to  be 
better  educators,  aid  more  efficiently  in  the  proper  organization  of 
new  libraries  and  aid  in  building  up  a  better  system  of  i)roi)er  edu- 
cation for  peo])le  who  have  finished  their  education  in  the  schools. 

Section  373  am.     1.     Librarv  school  connected  with  university: 
The  school  of  library  science  created  bv  section  373  a  shall  here- 
after be  known  as  the  school  of  library  science  of  the  university. 

(Verbatim ) 

2.     University  to  aid  school : 

The  regents  are  hereby  auth(irized  to  cooperate  with  the  commis- 
sion in  the  maintenance  of  the  library  school,  and  to  aid  the  school 
by  appropriating,  out  of  the  funds  of  the  university,  such  sums  as 
will  aid  in  specialized  teaching  and  equipment  for  said  school,  and 
otherwise  to  aid  said  school  in  such  manner  as  will  conduce  to  the 
development  of  said  school  and  of  library  science  in  the  state. 

Section  373  b.     Office.     Printing,  etc. : 

The  commission  shall  be  allowed  the  use  of  suitable  office  and 
equipment  in  the  capitol.  The  secretary  of  state  shall  audit  its  bills. 
The  state  printer  shall  print  for  it. 

Section  373  c.     Lists  of  public  documents : 

The  commission  shall  make  check-lists  of  public  docunien*s;  shall 
assist  state  officers  and  other  citizens  in  studving  institutions  of  tiie 
state;  shall  assist  public  libraries  to  comjilete  and  arrange  files  of 
state  publications;  shall  prepare  and  jjrint  catalog-cards  of  public 
documents  for  public  libraries  and  the  various  departments  of  the 
state. 

Section  373  d.     Documents: 

The  state  printer  shall  deliver  to  the  commission  three  copies  of 
each  public  document  printed. 

Section  373  e.     Depositaries  of  public  docmnents : 

Librarv  commission  shall  ascertain  what  libraries  in  the  state  having 
more  than  one'thr)usand  ^'olumes  can  care  for  and  use  to  ad\'antage 
public  documents,  and  report  same  to  the  superintendent  of  jniblic 
printing;  shall  designate  such  libraries  as  depositaries  and  report 
lists  of  such  deiiositaries  to  the  state  superintendent  of  jniblic  prop- 

346 


Wisroxsix — 5 

ertv.  will)  sliall  cause  copies  of  i)ul)lic  documents  to  ])e  furnislictl 
to  such  deposilarv  libraries. 

(  Legislatue  Reference  Lif.rarv) 

Sectiox  373  f.  1.  The  said  commission  is  also  authorized  and 
directed  to  maintain  in  the  state  capitol,  for  the  vise  and  informa- 
tion of  the  le.^islaUire,  the  several  state  departments,  and  such  other 
citizens  as  may  desire  to  consult  the  same,  a  legislative  reference 
room  and  a  small  working  library,  as  complete  as  may  be,  of  the 
several  |)u1)lic  documents  of  this  and  other  states,  and  to  purchase 
for  said  library  standard  works  of  use  and  reference.  The  said  com- 
mission may  also  collect,  summarize  and  index  information  of  a 
legislative  nature  relating  to  legislation  of  foreign  countries,  fif 
states  of  this  country,  the  federal  government  and  municii)alities. 
The  said  commission  may  also  make  such  investigations  into  statute 
law,  legislative  and  governmental  institutions,  as  will  aid  the  legis- 
lature in  performing  its  duties  in  the  most  efficient  and  economical 
manner.  The  said  commission  is  also  hereby  authorized  and  direct- 
ed to  cooperate,  during  sessions  of  the  legislature,  with  the  secre- 
tary and  superintendent  of  the  State  Historical  Societv  of  Wiscon- 
sin, as  trustee  of  the  state,  with  a  view  to  a  joint  arrangement  by 
which  the  needs  of  the  legislature  in  the  matter  of  g'eneral  books  of 
reference  may  be  met  to  the  fullest  possible  extent;  the  said  com- 
mission shall  give  such  space  within  its  rooms  to  books  brought 
to  the  cai)itol  by  said  society  for  such  purpose,  as  mav  be  jointly 
agreed  ui)on  between  them.  The  librarian  of  the  said  librarv  and 
the  officers  of  slate  dei^artments  are  hercbv  authorized  to  give  or 
loan  to  the  free  librarv  commission,  for  the  use  of  the  legislative 
reference  rooms,  such  books  and  documents  as  will  be  useful  in 
that  room.  The  said  free  library  co'iimission  is  also  authorized  to 
give  or  loan  to  the  Stale  Historical  Society  or  to  the  state  dei^art- 
ments,  any  books  and  documents  excei)t  those  in  current  use  in  the 
legislative  reference  room. 

2.  The  free  librarv  commission  shall  emjilov,  during  each  legisla- 
tive session  and  the  two  months  next  preceding  each  session, 
draftsmen  and  such  hel])  as  may  be  necessary  for  the  drafting  of 
bilU. 

Statu  TICS,  1913 
Section  172-23.     Appropriations: 

1.  There  is  annuallv  ai:)i)ropriated,  beginning  |ulv  1.  I'HS,  $29,000 
for  the  functions  of  the  commission  other  than  the  work  of  ihc 
Legislalixe  reference  library. 

2.  There  is  annuallv  ai)i)ropriated,  beginning  Inlv  1,  1915,  $3,000 
for  tlu-  i)urchase  of  books,  traveling  cases  and  other  appurtenances. 

347 


Wisconsin — 6 

3.  This  act  shall  take  effect  as  of  July  1,  1915. 

(Note:  Sub-sections  1,  2  and  3  are  ^iven  as  amended,  Laws,  1915, 
chapter  481). 

4.  All  monies  received  on  account  of  Free  public  library  commis- 
sion shall  be  deposited  in  the  general  fund  of  the  State  treasury 
and  appropriated  for  carrying-  on  the  work  of  the  commission  other 
than  the  work  of  the  Legislati\e  reference  library. 

5.  There  is  annually  appropriated,  beginning  July  1,  1913,  $21,800 
to  carry  on  the  \vork  of  the  Legislative  reference  department  of  the 
Free  library  connnission. 

COUNTY  LIBRARIES 

Statutes,  1913 

Section  697-11.     Board  of  Libraries: 

County  supervisors  may  establish  a  board  of  liliraries,  elect  five 
directors  thereof,  of  either  sex,  for  three  years,  except  the  first 
year,  when  two  shall  be  elected  for  one  year,  two  for  two  years  and 
one  for  three  years.  No  compensation  or  expenses  whatever  shall 
be  allowed  to  directors. 

Section  697-12.     County  traveling  libraries: 

1.  Directors  shall  elect  from  their  number  a  president,  vice-presi- 
dent, secretary  and  such  other  officers  as  thev  may  deem  necessary. 
They  may  make  rules  for  their  own  guidance  and  that  of  the  county 
traveling  libraries  or  such  permanent  libraries  as  may  be  established 
under  Section  697-17.  Thev  shall  control  the  expenditures  of  ail 
moneys  ai)i)roiM-iatcd,  or  property  or  money  donated,  for  county 
traveling  or  iiermancnt  libraries,  and  the  establishment  and  control 
of  such  libraries.  They  shall  not  pay  any  sums  whatever  for  keep- 
ing care,  transporting  or  li])rarian  service  of  such  county  travel- 
ing libraries.  Thev  shall  have  exclusive  charge  and  control  of  all 
lands,  buildings,  moneys  or  iM-ojiertv  devised  or  bequeathed  or  given 
to  any  county  for  lil^raries. 

2.  Supervisin.g  librarian  shall  reix^rt  annually  to  tiie  board  of 
supervisors:  (1)  the  num]>er  of  volumes  in  the  libraries,  (2)  sta- 
tions supi^lied  during  the  year,  (3)  expenses  incurred,  (4)  number 
of  books  during  the  year,  and  (5)  such  other  information  in  regfard 
to  libraries  as  the  board  of  sui)eryis()rs  may  direct. 

Section  697-13.     Liljrarian.     Duties.     Salary: 

Said  board  of  libraries  may  appoint  a  supervising  librarian  for 
such  county  libraries  at  a  salary  not  to  exceed  fifty  dollars  ($50) 
per  annum',  whose  duty  shall  be  to  arrange  and  repair  the  books, 
keep  records,  instruct  libraries  or  traveling  libraries,  and  to  per- 
form other  duties  as  directed.     Such  librarian  shall  be  a  resident  of 

.348 


Wisconsin — 7 

the  county,  of  cither  sex,  and  niav  l)c  permitted  necessary  travehng 
expenses  not  to  exceed  seventy-five  dollars  ($75). 

SECTION  697-14.     Books: 

Board  shall  jnnxhase  stiitable  books,  arransje  them  in  cases,  dis- 
tribute such  cases  to  as  many  districts  equallv  distant  from  each 
other  as  their  means  will  ])erniit,  with  the  object  in  view  of  finally 
serving  libraries  within  reasonable  easy  reach  of  people  in  the 
county.  Libraries  shall  be  located  in  suitable  places  and  not  per- 
mitted to  remain  in  one  location  long'er  than  six  months,  except 
that  such  time  may  be  extended,  not  to  exceed  thirty  days,  upon 
a])plication  of  five  cardholders. 

Skctiox  697-15.     Maintenance: 

Any  county  may  apiiroj^riate,  the  first  year  not  to  exceed  five  hun- 
dred dollars,  and  thereafter  not  to  exceed  two  hundred  dollars,  fot 
the  establishment  and  maintenance  of  traveling-  libraries. 

Section  697-16.     Advice: 

The  Wisconsin  Free  Library  Commission  may  advise  any  board 
of  libraries  as  far  as  practicable  on  the  conduct  of  its  work. 

(Verbatim) 

Section  697-17.     Agreement  in  regard  to  gifts: 

Any  county  may  receive  by  devise,  bequest  or  gifts,  land-^.  build- 
ings, money,  books  or  other  ])roperty  for  the  ptirpose  of  establishing 
a  public  library  for  the  county,  and  may  enter  into  an  agreement  to 
mainlain  a  i)ublic  library  in  consideration  thereof,  and  shall  be 
bdund  to  faithfully  perform  such  agreement.  In  such  case,  the  said 
board  of  libraries  has  full  [jower  to  jiroperly  administer  the  same. 

(\\M-batim) 

CLASSIFICATION  OF  CITIES 
Statutes,  1913 

Section  925-1.  For  the  exercise  of  the  corporate  powers  herein 
mentioned,  the  cities  of  this  state  shall  be  divided  into  classes  as 
follows : 

First-class,  cities  containing  a  population  of  one  hundred  and  fiftv 
thousand  or  more;  second  class,  cities  containing  a  i)opulation  of 
forty  thousand  or  over  and  under  one  hundred  and  fifty  thousand; 
third  class,  those  containing  ten  thousand  or  over  and  under  forty 
thousand;  fourth-class,  less  than  ten  thousand.  Any  city  incorpor- 
ated hereunder  shall  pass  from  one  class  to  another  when  it  has 
sufficient  poiiulation  and  when  its  common  council  shall  by  ordinance 
or  resolution  make  publication  thereof  and  make  proper  provision 
for  such  change  in  city  government.  Cities  under  sjiecial  charters 
shall  be  divided  into  like  classes  determined  in  the  same  manner. 

349 


Wisconsin — 8 

PUBLIC  LIBRARIES 
Laws,  1911,  Page  116,  Chapter  109 

Section  1.  Maintenance  of  public  libraries  in  cities  of  the  first  class: 
In  cities  in  the  state  which  have  a  population  of  150.000  or  more, 
and  are  therefore  authorized  to  maintain  a  public  library,  the  com- 
mon coimcil  may  levy  and  collect  a  tax,  not  exceeding;  two  hundred 
and  sixty-four  thousandths  of  a  mill,  proceeds  of  such  tax  to  be 
used  only  for  the  maintenance  and  increase  of  the  pubHc  library 
and  necessary  expenses  connected  therewith.  Trustees  shall  erect, 
purchase  or  lease  buildinj^s,  lots  or  rooms,  and  furnitin-e;  all  lots 
or  l)uildin,G;s  purchased  or  erected  shall  be  conveyed  to  the  city. 

Statutes,  1913 

Section  931.  Establishment  and  maintenance  in  cities  of  second, 
third,  fourth  classes : 

The  common  council  of  every  city  of  the  second,  third  or  fourth 
class,  the  trustees  of  every  villag^e  and  the  board  of  every  town, 
mav  establish,  equip  and  maintain  a  public  library  and  reading'  room, 
or  maintain  one  already  established,  and  may  annually  levy  and 
collect  a  tax  upon  the  taxable  property  of  such  citv,  village  or  town, 
to  provide  a  library  fund;  provided,  that  in  lieu  of  maintaining  such 
jniblic  library,  the  council  of  every  city  of  the  classes  named  having 
a  board  of  education  mav  lew  such  tax  and  authorize  the  board 
of  education  to  expend  the  same  in  aid  of  the  maintenance  of  any 
secular  or  non-sectarian  public  library  free  to  all  inhaliitants  of 
such  city  already  established  and  maintained  therein  by  anv  society, 
as.sociation  or  corporation. 

Section  ^)3\  a.     Annual  tax  for  library  in  case  of  gift: 

if  a  gilt  be  offered  to  any  city,  village  or  town  for  a  i)ublic  lil)rary 
or  a  library  building,  in  consideration  thereof,  such  citv,  village  or 
town  may  obligate  itself,  by  an  ordinance  adopted  by  a  two-thirds 
vote,  to  levy  and  collect  an  annual  tax  for  the  support  and  mainte- 
nance of  such  library  or  building  not  to  exceed  fifteen  per  cent  of 
such  gift;  and  if  such  gift  be  accepted,  such  obligation  shall  not  be 
repealed.  Such  ordinance  shall  be  sul)ject  to  the  referendum  pro- 
vided for  in  section  39-1.  In  the  case  of  any  such  gift  for  a  library 
Imilding,  the  library  board  of  directors  of  such  citv,  village  or  town 
shall  have  the  exckisive  right  to  select  and  contract  for  the  pur- 
chase of  a  site  therefor  at  a  cost  of  not  to  exceed  one-third  of  such 
gift.  Such  board  of  directors  shall  reiiort  forthwith  to  such  city 
council,  village  or  town  board,  tiic  amount  required  to  ])ay  for  sucli 
site;  and  the  council,  village  or  town  board  shall  thereui)on,  by 
resolution,  include  such  sum  in  the  next  succeeding  annual  tax  levy 
or  provide  for  an  issue  of  bonds  in  the  re(|uired  amount. 

(Verbatim) 

350 


Wisconsin — 9 

(Note:  Xn  nnlinancc  or  rt'solutinn  jiassjcl  bv  tlie  council  of  anv 
city,  cxcejit  such  cities  as  are  organized  under  sections  925m-301 
throu,y-li  ')25m-317  inclusive  shall  g'o  into  effect  within  twenty 
days  from  the  time  of  its  passas:e.  except  such  as  are  declared 
emergency  orders  by  a  two-thirds  vote  of  the  council.) 

Section  30-j.  Provides  that  if,  within  twenty  days  after  the  passage 
and  publication  of  any  ordinance  or  resolution,  a  i)ctition  signed  by 
qualified  electors  of  the  city  or  county,  equal  to  at  least  twenty 
percent  of  the  votes  cast  for  governor  at  the  last  regular  election, 
shall  be  filed  with  the  city  or  covmty  clerk,  praying  that  the  opera- 
tion of  such  ordinance  or  resolution  be  suspended,  it  shall  be  sus- 
pended until  the  next  meeting  of  the  council  or  board,  and  that  at 
that  time  it  shall  be  either  repealed  or  submitted  to  the  electors  of 
the  city  or  county  at  the  next  general  or  special  election ;  if  approved 
at  such  election  by  a  majority  of  the  electors  voting  thereon,  it  shall 
take  effect  twenty  days  from  the  date  of  election. 

Sections  925m-301  to  925m-317.  Provide  for  the  commission  form 
of  government. 

Section  931  b.     Library  site.     Gifts: 

Whenever  said  board  of  directors  shall  certify  to  the  city  council, 
village  or  town  board  that  it  is  unable  to  ac(|uire  the  site  selected 
for  a  just  and  reasonable  price,  said  citv  council,  village  or  town 
board  shall  proceed  to  ac(|uire  the  site  by  condemnation  in  the 
manner  provided  by  law.  Should  the  compensation  awarded  in  the 
condemnation  i)roceedings  exceed  one-third  of  such  gift,  such  ))ro- 
ceedings  shall  nevertheless  be  valid  if  within  sixty  days  such  excess 
be  provided  by  private  donation  or  otherwise.  In  case  it  is  not  so 
provided,  proceedings  shall  ui)on  motion  be  dismissed  without  cost. 

Section  932.     Constitution  of  library  board: 

1.  For  the  government  of  such  library  in  each  citv  of  the  second 
and  third  class,  there  shall  be  a  board  of  nine  directors  appointed 
by  the  mayor,  with  the  approval  of  the  council ;  and  in  each  city  of 
the  fourth  class,  village  or  town,  a  board  of  six  directors  api)ointed 
in  like  manner.  Not  more  than  one  member  of  the  council,  village 
or  town  board  shall  at  any  one  time  be  a  director.  Directors  shall 
hold  office  for  three  years,  except  that  after  the  first  election,  they 
shall  divide  themselves  bv  lot  into  three  classes,  holding  office  for 
one,  two  and  three  years  respectively.  No  compensation  shall  be 
l)aid  or  allowed  any  director. 

2.  In  anv  city  or  village  which  has  established  or  may  esta])lish  a 
free  librar\-  under  the  i)royisi()ns  of  .Section  'A'?!,  the  citv  suiierin 
tendent  of  schools  or  the  su|KM-yising  principal  of  schools  shall  be 
ex-officio  member  of  the  board  of  directors  of  such  library. 

(\xM-balini) 

351 


Wisconsin — 10 

3.  In  any  city  nf  the  fourth  class,  village  or  town  havin^  a  library 
with  a  board  of  nine  directors,  upon  request  of  such  board  the  mayor, 
president  or  chairman  shall  omit  to  make  appointments  to  the  board 
to  fill  vacancies  until  the  number  of  members,  includin.s:  the  ex- 
officio  member,  is  reduced  to  six,  and  thereafter  the  board  shall  in- 
clude no  more  than  six  appointed  members. 

4.  In  cities  in  which  a  lil)rarv  and  reading-  room  shall  hereafter  be 
estal)h.shed,  the  library  board  shall  consist  of  five  members,  one 
of  whom  shall  be  the  mavor,  or  a  member  selected  by  the  council. 
Another  shall  be  the  city  sui^erintendent  of  schools.  Three  other 
members  shall  be  selected  by  the  common  council  to  serve  for  one. 
two  and  three  years  respectively ;  their  successors  to  serve  for  three 
years. 

5.  Tn  any  city  havino-  a  ]3ublic  librarv  board  with  more  than  five 
members,  the  council  may,  by  two-thirds  vote,  reconstitute  the  board 
as  in  sub-section  4.  Upon  the  adoption  of  such  plan,  the  terms  of 
ofiice  of  the  members  of  such  former  library  board  shall  be  deemed 
to  have  ex])ired  and  the  library  board,  as  formerly  constituted,  shall 
cease  to  exist. 

Section  932  a.     Library  boards  in  villag-es  and  towns.     Travelino;- 
libraries.    Transfer: 

The  trustees  of  any  village  or  the  board  of  any  town  may  elect  to 
have  a  library  board  of  three  members,  api^ointed  by  the  president 
of  the  village  or  chairman  of  the  town,  with  the  ai:)pr(ival  of  their 
respective  boards.  Those  first  appointed  shall  hold  office  respective- 
ly for  one,  two  and  three  years,  their  successors  for  three  vears. 
Such  directors  may  make  iirovisions  for  receiving-  traveling  libraries 
from  the  county  in  which  thcv  are  located  and  from  the  library 
commission.  The  village  trustees  or  town  board  niav  transfer  the 
library  thus  established  and  the  jiroj^erty  belongiing-  to  it  tn  a  boaul 
established  under  Sections  '^)31  and  932. 

Section  933.     Org-anization : 

1.  Said  directors  shall  organize  by  electing-  ofticers. 

2.  Rules  and  reg-ulations : 

Said  directors  shall  ado])t  rules  and  regulations  for  their  own 
guidance  and  the  g-overnment  of  the  library. 

3.  They  shall  have  control  of  all  expenditures  of  moneys,  the  su])- 
ervision  and  custody  of  all  buildings.  The  librarv  board  shall  audit 
and  approve  all  vouchers. 

4.  They  may  apjioint  a  staff,  prescribe  rules  for  their  conduct  and 
fix  their  compensation. 

5.  The  board  of  directors  in  any  free  library  and  the  reading-  roonj 
estalilished  shall  have  power  to  employ  competent  persons  to  deliver 
lectures  u^jon  scientific,  literary,  historical  or  educational  subjects, 

3^2 


Wisconsin — 11 

and  they  ma)'  cooperate  witli  the  University  of  Wisconsin,  or  the 
free  lil)rarv  commission,  or  Iioards  of  education,  to  secure  such 
lectures,  or  to  ft)ster  and  encourage  hv  other  means  the  wider  use 
of  books  and  literature  upon  scientific,  historical,  economic,  hterary, 
educational  and  other  useful  subjects. 

Skction  933  a.     Contracts.     Claims  against  library  board: 

Any  person  having  any  claim  for  money  due  on  account  of  contract 
between  him  and  the  lilirary  board,  in  case  such  claim  or  any  part 
be  disallowed,  may  ai^peal  to  the  circuit  court.  It  shall  then  be  the 
duty  of  the  board  to  reserve,  until  a  decision  is  rendered,  an  amount 
sutificient  to  pay  the  claim. 

Section  '-'34.     Liliraries  to  he  free.     Appro])riation: 

Every  library  established  under  this  chapter  shall  be  forever  free 
for  the  use  of  the  inhal)itants  of  the  citv.  town  or  village  where 
located,  subject  to  reasonable  regulations  of  the  librarv  board; 
provided,  that  the  board  ma^•,  under  such  conditions  as  may  be 
agreed  upon,  allow  non-residents  to  use  the  books  and  mav  exchange 
such  books  with  any  other  i:)ublic  library  and  may  send  out  travel- 
ing' libraries  in  their  own  and  adjoining  counties;  mav  contract 
with  the  sui)ervisors  of  the  countv  in  which  the  library  is  situated, 
or  of  any  neighljoring  county,  with  individuals  or  associations,  with 
the  .s^overning'  bodies  of  anv  neighboring  town,  school  district,  vil- 
lage or  city,  to  loan  them  books  either  singly  or  in  traveling  libraries, 
and  the  board  of  directors,  count}'  or  town  sujiervisors,  school 
board,  \'illage  trustees  or  common  council  are  emjiowered  to  make 
contracts  for  such  purpose  and  pav  the  consideration  agreed  ujion 
therein  to  the  board  of  directors  of  such  lil)rarv. 

The  su])ervisors,  trustees  or  council  of  such  town,  village  or  c\ty, 
are  authorized  t(i  a])propriate  a  sum  of  nu)nev  annuallv  for  the  use 
of  such  lil^rary.  Whenever  the  amount  so  a])i)roi)riated  shall  be 
e(|ual  to  or  exceed  one-sixth  of  the  net  income  of  the  librarv.  it  shall 
be  the  duty  of  the  chairman  of  the  town,  president  of  the  village,  or 
mayor  of  the  city  within  which  such  librarv  is  situated,  to  appoint 
from  the  citizens  of  the  town,  village  or  city  making-  such  appro- 
priation, one  member  of  the  board  of  such  library,  which  ajijioint- 
ment  shall  be  subject  to  the  approval  of  the  supervisors,  trustees  or 
ciiuncil  of  the  town,  village  or  citv  making  such  ai)proi)ri;ition.  If 
such  town,  village  or  city,  fails  to  make  an  ai)i)ro])riatii)n,  llic  oiTicc 
of  the  member  so  apiiointed  shall  become  vacant. 

SiarioN  935.     Report: 

1.  Said  board  of  directors  shall  submit  annu<illv  a  report  to  the 
iree  library  commission,  on  or  before  the  first  dav  of  August. 

2.  Within  thirty  days  after  the  comi^letion  of  the  fiscal  year  of 
the  town,  city  or  village  in  which  said  librarv  is  located,  the  library 

3.^3 


W'lSCOXSIN — 12 

board  shall  make  reports  statins;  the  financial  condition  of  the 
lil)rar3\ 

Section  93C\     Donations: 

All  persons  desirous  of  making-  donations  of  money,  personal  prop- 
erty or  real  estate,  for  the  benefit  of  such  librar}-,  shall  have  the 
rig-ht  to  vest  the  title  thereto  in  the  board  of  directors  created  under 
this  chai^ter,  to  be  held  and  controlled  by  such  board,  when  accepted, 
according^  to  the  terms  of  the  deed  of  g-ift,  devise  or  bequest,  and 
as  to  such  property,  said  board  shall  be  held  and  considered  to  be 
special  trustees.  (Verbatim) 

Section  936  a.     Depositary  of  gifts : 

In  all  cases  where  any  gift,  bequest,  devise  or  endowment  shall 
be  made  to  any  public  library  organized  under  Section  931  of  the 
statutes  of  1898,  the  library  board  of  such  library  may  pay  or 
transfer  such  gift,  bequest  or  endowment,  or  the  proceeds  thereof, 
to  the  treasurer  of  the  city,  village  or  town  in  which  such  library  is 
situated,  or  may  in  the  same  manner  pay  or  transfer  such  gift,  be- 
quest or  endowment,  to  any  member  of  such  board,  to  be  elected  by 
them  and  thereafter  to  be  known  as  financial  secretary.  Such  fin- 
ancial secretary  shall  hold  office  only  during  his  membership,  and 
shall  be  elected  annually.  Any  such  treasurer  or  financial  secretary 
holding  moneys  or  property  sb.all  give  a  bond  not  less  than 
double  the  amount  of  such  money  or  property  held  by  him;  shall 
make  an  annual  report  to  the  lioard  of  directors.  Such  report  shall 
be  appended  to  the  annual  report  of  the  lil)rary  board  to  the  common 
council  and  to  the  free  library  commission. 

Section  776  (4).     Town  libraries: 

Prescribes  method  by  which  electors  of  a  town  may  vote  in  regard 
to  the  establishment  of  a  town  lilirary.  Limits  sum  whicli  may  be 
raised  by  taxation  for  purpose  of  purchasing-  books,  furnishing-  a 
place  to  keep  them  and  paying  a  lilirarian,  to  one  hundred  and  fifty 
dollars  in  any  one  year;  this  sum  to  be  expended  under  direction  of 
town  board. 

Section  893  (30).     Real  estate  for  libraries  in  villages: 

Gives  village  authorities  right  to  acquire  by  gift,  grant,  devise, 
donation,  i)urchase  or  condemnation,  any  estate,  real  or  personal, 
for  parks,  liliraries  *  *  *  ;  to  sell,  dispose  of  and  convey  the 
same;  and  to  construct,  own,  lease  and  maintain  building^s  for  in- 
struction    ■■'-     *     '^     and  any  other  public  purpose. 

BONDS  FOR  LIBRARY  PURPOSES 

Statutes,  1913,  General  Citv  Charter  Law 
.Section  925-133.     Issue  of  bonds: 

The  council  shall  h;ive  authority  to  issue  bonds  for  the  followinj^ 
purposes  only: 

3.'4 


Wisconsin — 13 

(  1  )      Buikling;  school  houses  and  for  pul)lic  libraries. 

(2j-(9a)     Give  other  iniri^oses  for  which  bonds  may  be  issued. 

SCHOOL  LIBRARIES 

Statutes,  1913 

Section  435  e.     Estabhshment.     Maintenance: 

School  directors  in  cities  of  first,  second  or  third  class  are  authorized 
to  establi?]!  and  maintain  in  school  buildings,  under  their  custody 
and  management,  evening  schools,  vacation  schools,  reading  rooms, 
lil)rary  stations,  *  *  *  without  charge;  also  to  cooperate  with 
commissioners  or  boards  of  public  parks,  libraries,  museums 
*  *  *  in  providing  supervision  of  such  public  activities.  School 
directors  may  be  required,  by  vote  of  citizens,  to  carry  out  provisions 
of  this  section.  Provides  for  tax  levy  of  not  to  exceed  two-tenths 
of  a  mill  on  the  dollar,  such  special  tax,  however,  to  be  subject  to 
approval  of  voters,  at  election.  Also,  common  council  is  empowered 
to  ai)propriate  such  sums  as  it  may  see  fit  to  turn  over  to  said  school 
directors  for  purposes  described  in  this  act. 

Statutes,  1913 

Section  165  b.     State  superintendent  to  aid  school  libraries: 

State  superintendent  of  schools  shall  aid  in  promoting  tlie  establish- 
ment, maintenance  and  control  of  school  libraries. 

Section  166  (2).     Advice  in  book-buying: 

(State  superintendent)  *  *  *  ^q  advise  in  the  selection  of 
books  for  school  district  libraries :  to  prepare  lists  of  books  suitable 
for  school  district  lil)raries,  and  furnish  copies  of  such  lists  to  offi- 
cer wliose  duty  it  is  to  i)urchase  books  for  school  libraries. 

Section  166  (6).     Rules  and  regulations: 

(State  sujierintendent)  shall  *  *  *  prescribe  rules  and  regu- 
lations for  the  manau'cmcnt  of  township  and  school  district  libraries, 
and  the  i)enalties  which  may  be  imposed  upon  district  and  town 
officers  for  any  violation  thereof. 

Statutes,  1*'13 

Section  485.     Librarian: 

Clerk  of  the  district,  or  such  o<hcr  person  as  voters  shall  ai^point, 
shall  be  librarian  and  have  the  care  and  custody  of  the  district 
library,  under  the  suji^rvision  of  the  district  board. 

Skction  4S().     Joint  libraries: 

The  voters  of  any  two  or  more  adjoining  districts  may,  with  the 
apijroval  of  the  town  boards,  unite  their  libraries  and  library  money, 

355 


Wisconsin — 14 

wliich  sliall  be  in  char^yc  of  librarians  a])pointed  bv  such  district 
boards.    Provides  also  for  division  of  same. 

Section  486-1.     Exchange  loans: 

1.  Library  books  of  one  district  may  be  loaned  to  another  district 
in  exchange  for  other  books. 

2.  County  or  district  superintendents  may  arrange  such  exchanges. 

3.  District  receiving  such  books  shall  be  responsible  for  losses 
beyond  ordinary  wear. 

4.  Books  so  loaned  or  exchanged  shall  be  returned  not  later  than 
two  weeks  before  the  close  of  the  school  term. 

Section  486  a.     Township  school  libraries: 

1.  Treasurer  of  everv  countv  shall  withhold  ten  cents  per  capita 
for  each  person  of  school  age  from  the  school  funds  of  each  district, 
for  the  purchase  of  library  books. 

2.  State  superintendent  shall  certify  the  number  of  persons  of 
school  age  in  each  town,  village  and  city  of  the  fourth  class  in  the 
county. 

3.  Countv,  district  or  city  superintendent  of  school  shall  provide 
for  the  expenditure  of  such  moncv  for  the  purchase  of  library 
books. 

4.  Provides  for  the  transfer  of  money  from  one  countv  to  another. 

5.  Provides  for  the  method  in  joint  districts. 

6.  Teacher  or  principal  of  each  school  shall  rejiort  to  the  county 
or  district  or  city  superintendent,  annuallv. 

7.  Provides  for  the  selection  and  purchase  of  books,  and  method 
of  pavmenl  for  the  same.  (  .Ks  amended.  Laws.  I'M 5,  chapter 
423).' 

8.  Is  lacking. 

9.  Payment  of  transportation  charges. 

10.  Distribution  of  books  to  schools. 

1 1 .  Exchanges  of  books. 

12.  State  superintendent  given  authority  to  suspend  the  opera- 
tion of  this  section  in  anv  school  district  or  sub-district  in  which 
there  is  maintained  a  free  public  library  or  in  anv  district  or  sub- 
district  wholly  or  i^artlv  in  a  village  or  city  in  which  there  is  main- 
tained a  free  public  library. 

Section  486  b.     Librarian: 

Clerk,  unless  otherwise  ordered  ])v  the  school  district,  shall  act  as 
librarian. 

Section  48(')  c.     Sui)erintendents  of  agriculural  institutions  shall  pro- 
vide bulletins  of  such  instituions  to  such  libraries. 


Wisconsin — 15 

Skctiox  486  d.     Liljrarian: 

In  townships,  secretary  of  the  town  l)oard  of  school  directors  shall 
be  librarian. 

Section  486  e.     Library  committee : 

State  superintendent  of  instruction,  secretary  of  Wisconsin  free 
library  commission,  and  attorney  g'cneral,  constitute  a  committee 
to  secure  bids  and  make  contracts  for  supplying  books  and  periodi- 
cals to  the  schools  of  the  state. 

Section  486  f.     Method  of  securing-  bids. 

Section  486  g.  Dei^osit  of  one  thousand  dollars  required  from 
bidders. 

Si'XTiox  486  h.  Bond  of  ten  thousand  dollars  required  from  success- 
ful bidder. 

Section  486  i.     Duty  of  purchasing  committee : 

When  successful  bidder  has  been  determined,  all  officers  whose  duty 
it  is  to  purchase  books  shall  be  notified  by  a  circular. 

Section  486  j.  Makes  it  a  misdemeanor  punishable  by  fine,  for  any 
person  to  purchase  books  from  the  school  fund  income  from  any 
dealer  other  than  the  dealer  named  in  the  contract. 

Section  486  k.     Rebinding  of  school  library  books: 

Library  committee  constituted  in  section  486  e  shall  make  out  an 
approved  list  of  firms  engaged  in  I)ook-binding.  The  section  pro- 
vides a  very  carefullv  prepared  method  for  the  rebinding  of  books 
from  the  school  libraries  by  such  firms. 

Section  486  m.  Provides  that  superintendents  shall  turn  over  to 
their  successors  in  office  sample  books,  carefully  listed. 

Section  501.     Who  not  to  deal  in  school  books. 

Forbids  any  officer  or  teacher  of  the  school  to  act  as  agent  for  any- 
thing sold  to  schools,  including  school  library  books. 

CORPORATIONS 
Statutes,  1913 

Section  771.  Three  or  more  adult  iiersons.  residents  of  the  state, 
may  form  a  corporation  to  conduct  or  maintain  anv  one  of  the  fol- 
lowing named  purposes:  *  *  *  libraries  and  other  like  in- 
stitutions. 

Section  1783.  Any  such  corporation,  formed  for  the  establishment 
and  maintenance  of  lyceums,  libraries,  art  galleries  and  the  like, 
shall  Irne  power  to  prescribe  regulations  for  protection  of,  and  to 

357 


Wisconsin — 16 

provide  fines  and  penalties  upon  person  or  persons  who  accept  and 
enjoy  the  use  of  the  same;  may  collect  the  same  in  a  tort  action. 

DOCUMENTS 

Laws,  1915 

Chapter  222  provides  for  distribution  of  railroad  maps  to  libraries. 

Chapters  520  and  604  provide  for  distrilnition  and  exchange  of 
documents. 

BOOKS  FOR  THE  BLIND 

Statutes,  1913 

Section  568.     School  for  blind: 

States  object  of  school  for  bUnd  and  provides  for  its  control. 

Section  570.     Library  for  blind : 

Books  printed  in  embossed  type,  boug^ht  pursuant  to  previous  laws 
or  the  purchase  of  which  the  Hbrarv  niay  hereafter  provide  for,  and 
such  as  may  be  otherwise  obtained,  constitute  a  state  circulating^ 
library  for  the  blind,  which  shall  be  kept  at  the  school  in  char.s^e  of 
the  superintendent.  All  blind  citizens  of  the  state  shall  have  the 
privilege  of  using  such  books,  sul)ject  to  the  rules  and  regulations 
of  the  superintendent,  ai^proved  by  the  state  board  of  control. 

FREE  LECTURES 

Statutes,  1913 

Sections  515  a-515  d.  School  directors  or  boards  of  education  are 
authorized  to  employ  competent  persons  to  deliver  free  lectures  on 
the  natural  sciences,  on  historical,  literary,  or  other  educational 
subjects,  in  the  public  schools  or  libraries  or  other  suital:)le  i)lace5 
and  to  particularly  provide  for  the  further  education  of  adult  per- 
sons. 


358 


Wyoming — 1 
WYOMING 

STATE  LIBRARY 

Compiled  Statutes,  1910 

Sectiox  386.     State  lil)rarian.     Appointment: 

State  librarian  shall  be  ap))ointed  bv  the  governor,  with  the  consent 
of  the  senate,  for  a  term  of  two  years. 

Section  387.     Duties : 

Shall  have  custody  of  the  library  and  shall  keep  a  regular  file  of 
all  newspapers  in  the  state  which  shall  l)e  donated. 

Section  388.     Same: 

Shall  receive  and  label  books. 

Section  389.     Shall  receipt  for  books  and  keep  a  record  thereof. 

Section  390.     Same: 

Shall  have  power  to  make  rules  and  rec^ulations  and  direct  all  ex- 
penditures and  appropriations  under  the  supervision  of  the  judges 
of  the  supreme  court. 

Section  391.     Exchanc^e  of  books: 

Librarian  is  directed  to  exchanis^e  public  documents  with  other  lesris- 
lative  bodies  and  libraries  as  he  shall  deem  proper. 

Section  392.     Issue  of  books : 

Names  certain  officials  upon  whose  order  books  shall  be  issued,  and 
fixes  the  responsibility  for  the  same. 

.Sectio.x  393.     Report: 

Librarian  shall  re])ort  to  the  le,<^islature  on  the  first  dav  of  each 
res^ular  session. 

Section  394-7.     Mineral  specimens: 

Provides  for  the  collection  of  mineral  specimens  and  a  cabinet  for 
same. 

Section  398.     Hours  of  openinij: 

Provides  for  hours  of  opening-  the  library. 

Section  399.     Bond: 

Requires  from  the  librarian  bond  of  fi\e  thousand  dollars  ($.^,000). 

Section  400.     Fire  insurance: 

Ref|uires  that  the  librarian  keep  the  library  insured  for  not  less 
than  twelve  thousand  dollars  ($12,000). 

Section  401.     Books  deposited: 

Ref|uires  the  state  officers  to  deposit  bofiks  received  with  librar)'. 

Section  402.     Provides  the  salary  of  librarian. 

3-=io 


Wyoming — 2 

Section  406.     Miscellaneous  books: 

Provides  that  a  miscellaneous  library  shall  be  maintained  in  the 
state  library. 

Skction  407.     Appropriations  for  same: 

Sets  aside  fifteen  thousand  acres  of  land  for  this  purpose. 

Section  408.     Funds: 

Provides  that  the  funds  from  the  appropriation  of  land  shall  l:)C 
ke])t  as  a  Miscellaneous  State  Library  Land  Licome  Fund. 

Section  409.     Balances: 

Provides  that  annual  unexiiended  balances  shall  remain  in  the  fund. 

STATE  LAW  LIBRARY 

Section  403.     IMaintenance : 

Sets  aside  for  the  maintenance  of  the  state  law  library  fifteen  thous- 
and acres  of  land. 

Section  404.     Funds: 

Requires  that  funds  received  from  this  land  shall  form  a  special 
fund  for  the  maintenance  of  the  law  library. 

Section  405.     Balances: 

Provides  that  unexpended  balances  shall  remain  in  the  fund. 

COUNTY  LIBRARIES 

CoMriLKD  Statutes,  1910 

Section  1316.     Tax  levy: 

When  the  county  commissioner  of  any  countv  having-  received 
pro])er  and  sufficient  sn-iarantee,  whether  in  the  form  of  convey- 
ance or  bonds  of  citizens  or  associations  or  corporations,  that  a 
suitable  place  will  be  permanently  furnished  for  the  protection  and 
use  of  the  public  library  as  a  condition  precedent  to  their  own  actions 
under  the  provisions  of  this  chapter,  it  shall  be  their  duty  to  levy 
annually  not  less  than  one-eighth  and  not  more  than  one-half  mill 
on  the  dollar,  for  the  establishment  and  maintenance  of  the  county 
public  library  to  be  located  at  the  county  seat  of  such  county;  and 
whenever  a  suitable  place  is  furnished  without  rent  for  the  use  ol 
such  library,  the  directors  thereof  have  the  power  to  pay  incidental 
expenses  for  repairs,  janitor  service,  light,  heat,  etc.,  out  of  the 
taxes  levied  hereunder. 

Section  1317.     Blow  taxes  are  levied: 

Ta.xes  authorized  by  preceding  section  shall  lie  levied  and  colleclcd 

360 


Wyoming — 3 

as  other  county  taxes ;  provided,  that  nothing^  herein  contained  shall 
authorize  any  lev}'  additional  tD  that  now  authorized  hv  law. 

Sectiox   1318.     Board  of  directors.     Duties: 

The  control  and  use  of  the  lihrary  fund  shall  he  entrusted,  hy  the 
coitnty  commissioners  of  the  countv.  to  three  citizens  of  the  countv 
ap])ointed  hy  them  to  constitute  a  hoard  of  directors.  The  directors 
shall  incor])orate ;  shall  serve  without  compensation.  The  treasurer 
of  the  hoard  shall  s^ive  approved  bonds  for  the  faithful  performance 
of  his  duties. 

It  shall  be  the  duty  of  the  trustees  to  expend  the  available  funds  for 
books,  furniture,  salaries,  and  expenses,  provided  that  books  so 
purchased  shall  be  of  a  kind  best  suited  to  inform  the  mind  and  im- 
prove the  character  of  the  reader;  and  neither  professional  nor 
sectarian  books  shall  be  purchased  out  of  said  funds.  Directors  shall 
hold  office,  one-third  for  one  year;  one-third  for  two  vears;  one- 
third  for  three  years ;  thereafter,  for  three  years. 

Section    1319.     Donations.     Rooms.     Librarian: 

Directors  are  authorized  to  receive  donations  of  real  estate,  money 
or  books,  in  aid  of  the  establishment  or  maintenance  of  the  library, 
and,  as  the  trustees  of  the  donor,  shall  carefully  observe  the  condi- 
tions accompanyino-  every  such  gift. 

When  no  provisions  can  be  made  to  provide  the  library  wilh  the 
necessary  accommodations  for  its  books  and  other  publications 
without  expense  to  the  library  fund,  it  shall  be  the  dutv  of  the  school 
trustees  of  the  school  district  embracing-  the  countv  seat  to  provide 
accommodations  for  it  in  the  best  situated  school  building  o\'cr 
which  they  have  control. 

The  library  directors  shall  api)(iint  a  coini)ctent  jierson  to  have  im- 
mediate charge  of  the  librar\-,  with  such  dulios  and  comi)ensations 
as  they  shall  fix. 

Section  1320.     Libraries  to  be  free: 

Every  library  established  under  the  provisions  of  this  chapter  shall 
be  free  to  all  residents  of  the  county  to  which  it  belongs,  under  rea- 
sonable regulations. 

In  the  management  of  the  library,  the  best  ])ossil)le  provisions  shall 
be  made  for  the  convenient  use  thereof  by  the  residents  of  the  count> 
residing  otUside  of  the  town  wherein  the  library  is  situated. 

Section  1321.     Report: 

It  shall  be  the  duty  of  the  directors  to  keeji  a  record  of.  and  proper 
vouchers  for,  their  expenditures.  Thev  shall  report  amniallv  to 
the  county  commissioners  in  detail  as  to  the  vear.  Onlv  residents  of 
the  county  shall  be  allowed  to  obtain  books  from  the  libi-ar\-. 

361 


\\'V0M1XG 4 

TOWN  AND  CITY  LIBRARIES 

Section  1800.     Aid  to  county  libraries  by  cities: 

All  incorporated  cities  or  towns  of  the  state  of  Wyoming;  having 
more  than  five  thousand  inhabitants,  which  have  or  may  hereafter 
receive,  by  donations,  buildino-s  to  be  used  as  pul)lic  libraries  and 
which  building's  have  been  or  may  be  maintained,  cared  for,  and 
kept  in  repair  by  the  county  in  which  they  are  situated,  shall  have 
the  authority  to  make  provision  for  a  part  of  the  maintenance,  care 
or  expense  of  said  buildin,^-  when  the  council  of  said  city  or  town 
may  deem  it  advisable  or  necessary,  and  may  make  an  aj^propria- 
tion  of  such  an  amount  as  they  may  deem  necessary  or  proper  for 
such  purpose.  The  expense  which  may  be  incurred  in  the  manner 
provided  by  this  section  shall  be  paid  out  of  the  .ai'eneral  fund  of  any 
such  city  or  town. 

LIBRARY  ASSOCIATIONS 

Section  4212.     Purpose  for  which  corporations  may  be  formed: 
Any  number  of  persons,  not  less  than  three,  may  associate  them- 
selves together  in  the  manner  hereinafter  mentioned  for  any  of  the 
following  purposes: 

•I*  *!*  "K  'T' 

Fourth.  To  establish  and  maintain  a  library  or  a  cabinet  of 
mineralogical  or  metallurgical  specimens,  or  specimens  relating 
to  any  other  science. 

^  ^  ^  ^ 


362 


INDEX 


In  the  following  index  some  of  the  most  general  subjects,  such  as  are 
found  in  some  form  in  practically  all  states,  as,  for  instance,  boards  of 
trustees,  are  omitted,  as  the  method  of  providing  and  organizing  a  governing 
body  and  their  powers  and  duties  are  generally  stated  in  connection  with 
each  library  and  may  readily  be  found.  Tax  levies  in  general  are  omitted  : 
but  reference  is  made  to  special  phases  of  tax  levy.  The  index  is  intended 
to  call  attention  to  legislation  which  is  not  so  obvious  and  to  note  unusual 
laws.  It  may  also  be  useful  in  showing  at  a  glance  which  states  have  laws 
on  any  particular  subject.  For  this  purpose  reference  is  made  to  the  state 
as  well  as  to  the  page.  In  case  a  subject  is  treated  consecutively  in  two  or 
more  pages,  only  the  first  page  is  noted ;  if  separate  and  unconnected  men- 
tion of  a  subject  is  made  on  difl:'erent  pages,  it  is  the  intention  to  note  each 
in  the  index. 

Aliens,  Education  work  for.     131    (Mass.  3). 

Appropriation  compulsory.     107    (Ky.  7,  Covington). 

Appropriation  of  property.     91  (la.  7)  ;  230  (O.  6)  ;  260  (Pa.  8). 

Archives  and  history.     1   (Ala.  1)  ;  338  (W.  Va.  2). 

Art  gallery.     147  (Minn.  5). 

Association  libraries.     See   Library  associations. 

Auditorium  in  L.     162  (Mo.  8). 

Bequests.     See  Gifts. 

Bills,  Drafting  of.     See  Legislative  reference  bureau. 

Blind,  Books  for  the.     358  (Wis.  16). 

Bonds  for   L.   purposes.     2.S,  29   (Cal.    15,    19);  34    (Col.  4);  47    (Del.   7); 

70   (111.    10);   138    (Mich  4);   166    (Mont.  4);   191    (N.    T-  9);  232,   233 

(O.  8,  9);  354  (Wis.  12). 
Book  lists.    282  (S.  D.  2). 
Book  .selection.     93  (la.  9);  115   (La.  3);  152  (Miss.  2);  162  (Mo.  8);  168 

(Mont.  6)  ;  243,  250  (Ore.  1,  8)  ;  282,  284  (S.  D.  2,  4)  ;  355  (Wis.  13). 

See  also  Character  of  books. 
Book  sellers  and   publishers   not   eligible   for  appointments   on   commission. 

52  (Ga.  2);  77  (Ind.  5). 
Branch    libraries,   Philadelphia,   Gifts   for.     256    (Pa.   4). 
Building  funds  from  taxes.       159   (Mo.  5);  245   (Ore.  3);  284  (S.  D.  41. 
Building  Sites.     6  (Ariz.  2) ;  191   (N.  J.  9) ;  257  (Pa.  5). 

Carnegie,  Andrew,  or  Carnegie  Corporation,  Gifts  from.     109   (Kv.  9)  ;  188. 
193  (N.  J.  6,  11)  ;  203  (N.^Y.  3)  ;  215  (N.  C.  5)  ;  231   (O.  7)  ;  256  (Pa.  4). 
Chancellor  of  judicial  district  to  supervise  L.     152  (Miss.  2). 
Character  of  books.     112  (Ky.  12);  224  (N.  D.  6);  299  (Tex.  5).     See  also 

Book  selection. 
Charitable  Inst.,   L.  in.     316   (Vt.  8) 
Chicago  P.  L.     70  (111.  10). 
Cincinnati  P.  L.     231  (O.  7). 
Cities.     See  Classification  of  cities. 

Civil   service   commission.     30    (Cal.   20);  237    (O.    13). 
Classification  of  cities.     10  (Ark.  2)  ;  20  (Cal.  10)  ;  98  (Ks.  4)  ;  104  (Kv.  4)  : 

145  (Minn.  3) ;  255  (Pa.  3)  ;  286  (S.  D.  6)  ;  304  (Utah  2)  ;  349  (Wis.  7). 
Classification  of  school  districts.     43  (Del.  3);  263  (Pa.   11). 

363 


INDEX 

Colored  people.  Separate  L.  for.  162  (Mo.  8) ;  211  fN.  C.  1) ;  242  fOkla.  4) : 
299  (Tex.  5).  Note:  Separate  libraries  are  provided  in  some  other  states 
by  local  ordinances  or  regulations. 

Condemnation  of  property.     See  Appropriation  of  property. 

Contracts:     Member  of  Board  may  not  be  interested  in.     230   (O.  6). 
See  also  Gifts,  Contracts  relating  to 

Corporation  L.     See  L.  Associations. 

County   L.  commission.     152   (Miss.  2). 

County  L.     12  (Cal.  2);  77  (Ind.  3);  90  (la.  6);  124,  126  (^Id.  2,  4);  146 

(Minn.  4);  151   (Miss.  1);  159  (Mo.  5);  165  (Mont.  3);  171   (Neb.  3); 

202  (N.  Y.  2) ;  227  (O.  3) ;  231  (O.  7,  Cine.)  ;  245  (Ore.  3)  :  263  (Pa.  11) ; 

297   (Tex.  3);  332   (Wash  6);  348  (Wis.  6);  360  (Wyo.  2).     See  also 

Hamilton  Co. ;  Washington   Co. 
County  teachers'  L.     Ill    (Ky.  11). 
Deposits  of  books.     172   (Neb.  4). 
Detaining  books.     See  Penalties  for  detaining  books. 
Devises.     See  Gifts. 
Director  of  L.  extension.     219  (N.  D.  1 )  ;  221   (O.  1);  288  (Tenn.  2); 

See  also  State  L.  commission. 
Dog  tax  used  for  I.,  support.     131   (Mass.  3). 
Donations.     See  Gifts. 
Drafting  bills.     See  Bills,  Drafting  of. 

Employees'  retirement  fund.     70,  71   (111.  10,  11);  172  (Xeb.  4). 
Endowed  L.     314  (\"t.  6).     See  also  L.  Associations. 
Endowments.     See  Gifts 

Enoch  Pratt  F.  L.,  Baltimore.     126  (.Md.  4). 
Examination  and  registration  of  librarians.     134   (Mass.  6). 
Exchanges  of  public  documents.     See  Public  documents. 
Exemption  from  attachment  cr  execution.     50   (Fla.  2);  302   (Tex.  S)  ;  317 

(Vt.  9). 
Exemption    from    taxation.     16    (Cal.    6):    50    (Fla.    2);    54    (Ga.    4);    55 

(Hawaii  1)  ;  126,  127  (Md.  4,  5)   172  (Neb.  4)  ;  199  (N.  M.  3)  ;  227,  232 

(O.  3,  8)  ;  261  (Pa.  9) ;  274  (  R.  I.  4)  :  293  (Tenn.  7)  ;  302  (Tex.  8)  ;  315 

Vt.  7). 
Farm   L.     250  (Ore  8). 
Farmers'  county  L.     297  (Tex.  3). 
Fines:     Librarian  fined   for  loss  of  books.     152   (Miss.   2);   197   ( .\.   M.   1). 

See  also  Penalties. 
Fines  and  penalties  from  courts  used  for  L.  support.     ZTt  (Col.  3);  107,  108. 

109  (Ky.  7,  8,  9)  ;  U7 .  141   (Mich.  3.  7). 
Fines  and  penalties  from  courts  used  for  Law   L.     227  ( ().  3). 
Foreigners.     See  Aliens. 
Free  libraries.     See  Public  libraries. 
l'"ree  L.  commission.     See  State  L.  commission. 
Gifts.     6  (Ariz.  2) ;  16  (Cal.  6) ;  35  (Col.  5)  ;  38  (Conn.  2)  ;  43  (Del.  3) ;  59 

(Ida.   3);  68    (111.   8);  98    (Ks.  4);    111    (Ky.    11);    126    (Md.   4);    132 

(Mass.  4);  139  (Mich.  5);  159  (Mo.  5);  166  (Mont.  4);  172  (Xeb.  4); 

187,  188  (N.  J.  5,  6) ;  208  (N.  Y.  8) ;  215  (N.  C.  5) ;  224  (N.  D.  6) ;  227 

(O.  3) ;  241  (Okla.  3) ;  248  (Ore.  6) ;  273  ( K.  I.  3) ;  286  (S.  D.  6) ;  293 

364 


INDEX 

(Tenn.  7) ;  295.  301    (Tex.   1,  7)  ;  314   (Vt.  6)  ;  324   (Va.  6)  ;  349,  354 
(Wis.  7,  12) ;  334  (Wash  8) ;  341  (W.  Va.  5) ;  361   (W'yo.  3). 

Gifts,  Conditions  of.     88  (la.  4). 

Gifts,  Contracts  relating-  to.  10  (Ark.  2):  49  (Fla.  1);  53  (Ga.  3);  98 
(Ks.  4)  ;  1C8  (Kv.  8)  ;  147,  148  (Minn.  5,  6) ;  188  (N.  J.  6) ;  259  (Pa.  7) ; 
293  (Tenn.  7) ;  306  (Utah  4) ;  349,  350  (Wis.  7,  8). 

Gifts,  Provisions  for.     187,  188  (N.  J.  5,  6) ;  248  (O.  6) ;  255,  256  (Pa.  3,  4). 
Gifts  of  books.     245  (Ore.  3). 
Gymnasium  with  L.     306  (Utah  4). 
Hamilton  County  L.   (Cincinnati,  O.)     231    (O.  7). 
Historical  commission.     9  (Ark.  1);  212  (N.  C.  2). 

Historical  L.  3  (Alaska  1) ;  65,  66  (111.  5,  6)  ;  72,  (Ind.  1)  ;  86  (la.  2)  ;  164 
(Alont.  2). 

Historical  society.  ?,7  (Conn.  1)  ;  180  (N.  H.  2)  ;  272  (R.  I.  2)  ;  310  (Vt.  2)  ; 
344  (W^is.  2). 

Ineligibility:  Member   of   appointing   body    not   eligible    to    membership    on 

board.'   229,  231   (O.  5,  7). 

Relatives  of  trustees  may  not  be  employed.       158   (I\Io.  4). 

See  also  Booksellers. 
Injuring  property.     See  Penalties  for  injuring  property. 
Insular  L.     269  (Porto  Rico  1). 
Insurance  on  L.     183  (N.  J.  1). 
Inter-library  loans.     134  (Mass.  6). 
Jails,  Libraries  in  county.     316   (Vt.  8). 
John  Crerar  L.,  Chicago-.     70   (111.   10). 

Land:     Library  board  may  sell.     160  (Mo.  6).     See  also  Building  sites. 
Law   L.     15    (Cal.   5);   118    (Me.   2);    133    (Mass.   5);   149    (Minn.   7);    163 

(Mont.  1)  ;  169  (Neb.  1)  :  202  (N.  Y.  2)  ;  211  (N.  C.  1)  ;  219  (N.  D.  1)  ; 

227  (O.  3) ;  271  (R.  I.  1)  ;  290  (Tenn.  4)  ;  321   (Va.  3)  ;  329  (W'ash  3) ; 

3.^8  (W.  Va.  2);  343   (Wis.  1):  360  (Wyo.  2).     See  also  Supreme  court 

librar)'. 
Lectures.     157  (Mo.  3)  ;  241   (Ukhi.  3)  ;  245,  247  (Ore.  3,  5)  :  267  (Pa.  15)  : 

358  (Wis.  16). 
Legislative  adviser.     184  (N.  J.  2).     See  also  legislati\-e  reference  bureau. 
Legislative  L.     l.=;6  (Mo.  2)  ;  269  (Porto  Rico  1) ;  278  (S.  C.  2). 
Legislative  Reference  bureau  or  L.     1   (Ala.  1);  52  (Ga.  2);  63  (HI.  3);  74 

(Ind.  2);  136  (Mich.  2);  156  (Mo.  2);  179  (N.   M.  1);  184  (N.  J.  2) 

212  (N.  C.  2) ;  220  (N.  D.  2)  ;  226  (O.  2)  ;  244  (Ore.  2) ;  254  (Pa.  2) 

272  (R.  I.  2) ;  281  (S.  D.  1)  ;  296  (Tenn.  2)  ;  296  (Tex.  2)  ;  321   (Va.  3) 

310  (Vt.  2);  347  (Wis.  5). 
Librarian:     Fined  for  loss  of  books.     152  (Miss.  2)  ;  197  (N.  M.  1). 

Qualifications  of.     166  (Mont.  4). 
Library    associations.     34,    35    (Col.   4,    5);   40    (Conn.   4);    54    ( Ga.   4);    5^ 

(Ida.   3);  82    (Ind.    10);  98    (Ks.   4);    104    (Ky.   4);    120    (Me.   4);    133 

(Mass.  5)  ;  195  (N.  J.  13) ;  216  (N.  C.  6)  ;  233  (O.  9) ;  247  ((Jre.  5)  ;  259. 

261    (Pa.  7,  9);  292   (Tenn.  6);  301    (Te.x.  71;  314   (Vt.  6);   342   (W. 

Va.  6);  357  (Wis.  15);  362  (Wyo.  4).     See  also  Endowed   L. 
Library  commission.     See  state  L.  commission. 
Library  institutes.     137  (Mich.  3);  295   (Tex.  1). 

365 


INDEX 

Library  instruction.  103  (Ky.  3) ;  120  (Me.  4)  ;  137  (Mich.  3)  ;  157  (Mo.  3)  ; 
206  (N.  Y.  6);  295  (Tex.  1);  312  (Vt.  4).  See  also  L.  institutes,  L. 
schools,  Summer   L.  schools. 

Library  organizer.     See  Director  of  L.  extension. 

Library  schools.     206  (X.  Y.  6,  Section  1132)  ;  346  (Wis.  4). 

Liquor  tax  used  for  L.     92  (la.  8,  Mulct  law). 

Louisville  (Ky.)  P.  L.     104  (Ky.  4). 

Medical  L.,  State.     201  (N.  Y.  1). 

Museums.     3   (Alaska  1);  65    (111.  5):  147   (Minn.  5);  202   (N.  Y.  2);  230 

(O.  6) ;  245,  247  (Ore.  3,  5)  :  267  (Pa.  15) ;  269  (Porto  Rico  1)  ;  329.  3.M 

(Wash.  3,  8). 
Newberry    L.,   Chicago.     11    (111.    12). 
Newspapers.     35  (Col.  5). 

Non-residents  may  borrow  books.     146  (Minn.  4). 
Park  fund  divided  with  L.     199  (N.  M.  3). 
Parks  and  libraries.  Trusts  for.     208  (N.  Y.  8). 
Pay  collections.     283  (S.  D.  3). 
Partisan  politics  debarred.     299  (Tex.  5). 
Penal  institution,   L.  in.     186   (N.  J.  4)  ;  316   (Vt.  8). 
Penalties.     39  (Conn.  3);  97  (Ks.  3);  125  (Md.  3);  172  (Neb.  4);  198  (N. 

M.  2) ;  216  (N.  C.  6) ;  241  (Okla.  3) ;  250  (Ore.  9) ;  256,  259  (Pa.  4,  7) ; 

293  (Tenn.  7) ;  306  (Utah  4)  ;  317  (Vt.  9) ;  324  (Va.  6). 
Penalties  for  detaining  books.     16  (Cal.  6) ;  48  (Del.  8)  ;  133  (Mass.  5) ;  161 

(Mo.  7)  ;  164  (Mont.  2) ;  205  (N.  Y.  5) ;  249  (Ore.  7)  ;  256,  259  (Pa.  4,  7) ; 

274  (R.  I.  4) ;  297  (Tex.  3)  ;  332  (Wash  6) ;  341  (W.  Va.  5). 
Penalties  for  injuring  L.  propertv-     16  (Cal.  6);  47  (Del.  7);  74  (Ind.  2) 

112  (Ky.  12) ;  133  (Mass.  5)  ;  140  (Mich.  6) ;  161  (Mo.  7) ;  164  (Mont.  2) 

198  (N.  M.  2)  ;  205  (N.  Y.  5)  ;  237  (O.  13)  ;  249  (Ore.  7)  ;  274  (R.  I.  4) 

320  (Va.  2);  332  (Wash.  6);  341  (W.  Va.  5). 
Pension  fund.     See  Employees'  retirement  fund. 
Periodical    clearing    house.     87    (la.    3);    157    (Mo.    3);    243    (Ore.    1);   282 

(S.  D.  2);  3-16  (Wis.  4). 
Philadelphia  branch  libraries,   Gift  for.     256   (Pa.  4). 
Public  documents.     11    (Cal.   1);  76   (Ind.  4);   120   (Me.  4);   126   (Md.  4); 

135  (Mich.  1) ;  189  (N.  J.  7)  ;  201  (N.  Y.  1)  ;  212  (N.  C.  2)  ;  225  (O.  1) ; 

253  (Pa.  1);  346  (Wis.  4). 
Public   (Municipal)   libraries.     1    (Ala.   1);  6  (Ariz.  2);   10   (Ark.  2):   16,  19 

(Cal.  6,  9);  Zl   (Col.  3);  38  (Conn.  2);  43  (Del.  3);  49  (Fla.  1);  53 

(Ga.  3) ;  55  (Hawaii  1)  ;  58  (Ida.  2)  ;  67  (111.  7) ;  79  (Ind.  7)  ;  8S  (la.  4) ; 

96  (Ks.  2);  104  (Kv.  4);  114  (La.  2);  119  (Me.  3);  124  (Md.  2);  132 

(Mass.  4);  137  (Mich.  3);  145  (Minn.  3);  157  (Mo.  3);  167  (Mont.  5); 

171  (Neb.  3);  176  (Nev.  2);  181,  182  (N.  H.  3,  4);  187  (.\.  [.  5);  198 

(N.  M.  2);  202  fN.  Y.  2) ;  214  (N.  C.  4);  223  (N.  D.  5);  228  (O.  4) 

240  (Okla.  2) ;  247  (Ore.  5)  :  255  (Pa.  3)  ;  271   (R.  I.  3)  ;  278  (S.  C.  2) 

283  (S.  D.  3)  ;  291  (Tenn.  5) ;  297  (Tex.  3)  ;  304  (Utah  2)  :  315  i  Vt.  7) 

323  (Va.  5) ;  329  (Wash.  3)  ;  338  (W.  Va.  2)  ;  350  (Wis.  8). 

See  also  Public  school  district  L. ;  Tax  levy  for  I'uhlic   1.. 
Public   L.  commission.     See  State   L.  commission. 
Public  school   L.     26  (Cal.   16):  93   (la.  9);  99   (Ks.  5);   115    d.a.  3):  126 

(iMd.  4);   140   (Mich.  6);   150   (Minn.  8):   152   (Miss.  2i:    Ud    {.Mo.  7); 

366 


INDEX 

166,  167  (Mont.  4,  5)  ;  177  (Nev.  3)  ;  194  (N.  ].  12)  ;  207  (N.  Y.  7) ;  214. 
216  (N.  C.  4,  6)  ;  224  (N.  D.  6) ;  249  (Ore.  7)  ;  264  (Pa.  12)  ;  278  (S.  C.  2)  ; 
288  (Tenn.  2);  307  (Utah  5);  324  (Va.  6);  334  (Wash.  8);  342  (\V. 
Va.  6) ;  355   (Wis.  13). 

Public  .school  district  L.  26  (Cal.  16)  ;  43  (Del.  3)  ;  58  (Ida.  2)  ;  99  (Ks.  5)  ; 
111  (Ky.  11) ;  140  (Mich.  6)  ;  161  (Mo.  7) ;  167  (Mont.  5) ;  172  (Neb.  4) ; 
177  (Nev.  3);  194  (N.  ].  12);  207  (N.  Y.  7);  216  (N.  C.  6):  224  (X. 
D.  6)  :  229  (O.  5) ;  249  (Ore.  7) ;  264  (Pa.  12)  ;  278  (S.  C.  2)  ;  324  (Va.  6)  ; 
342  (W.  Va.  6). 

Purloining.     See  Penalties. 

Reading-rooms.     5  (Ariz.  1);  145  (Minn.  3). 

St.  Louis  P.  L.     irO  (Mo.  6). 

School  district  L.     See  Public  school  district   L. 

School  L.     See  Public  school  L. 

Sectarian  religious  books  debarred.     26  (Cal.  16)  ;  108  (Ky.  8)  ;  299  (Tex.  5). 

Sheriff  as  county  librarian.     151    (Miss.  1). 

Sinking  fund.     234  (O.  10). 

Sites.     See  Appropriation  of  property ;  Building  sites. 

Society  L.,  Contract  with.     247  (Ore.  5)  ;  261   (Pa.  9). 

Spitting  in  L.,  Penalty  for.     134  (Mass.  6). 

State  aid  to  L.  38  (Conn.  2) ;  46  (Del.  6)  ;  119  (Me.  3)  ;  124  (Md.  2)  ;  131 
(Mass.  3) ;  180  (N.  PI.  2)  ;  203  (N.  Y.  3)  ;  216  (N.  C.  6)  ;  272  (R.  I.  2)  : 
279  (S.  C.  3)  ;  288  (Tenn.  2) ;  313  (Vt.  5) ;  333  (Wash.  7). 

State  board  of  education.     57  (Ida.  1)  ;  289  (Tenn.  3)  ;  303  (Utah  1). 

State  board  of  education,  with  powers  of  state  L.  commission.     304  (L'tah  2). 

State  board  of  regents.     221    (N.  D.  3). 

State  educational  library.     219   (X.  D.   1). 

State  historical  commission.     9  (Ark.  1). 

State  L.  See  first  page  of  following  states:  Ariz.,  Ark.,  Cal.,  Col.,  Conn., 
Del,  Ga.,  Ind.,  la.,  Ks.,  Ky.,  La.,  Me.,  Md.,  Mass.,  Mich.,  Miss.,  Mo.. 
Mont.,  Neb.,  Nev.,  N.  11.,  N.  J.,  N.  M.,  N.  Y.,  N.  C,  O.,  Okla.,  Ore.,  Pa.. 
R.  I.,  S.  C,  S.  D.,  Tenn.,  Tex.,  Utah,  Va.,  Vt.,  Wash.,  W.  Va.,  Wyo. 

State  L.  as  L.  commission.     181  (N.  H.  3). 

State  L.  commission.  32  (Col.  2);  42  (Del.  2);  52  (Ga.  2);  57  (Ida.  1) 
76  (Ind.  4)  ;  87  (la.  3)  ;  102  (Ky.  2)  ;  117,  118  (Me.  1,  2)  ;  123  (Md.  ll 
130  (Mass.  2)  ;  137  (Mich.  3) ;  144  (Minn.  2) ;  156  (Mo.  2)  ;  169  ( Xeb.  1) 
180  (X.  H.  2) ;  184  (N.  J.  2)  ;  213  (N.  C.  3)  ;  219  (N.  D.  1)  ;  225  (O.  1) 
254  (Pa.  2);  282  (S.  D.  2);  295  (Te.x.  1);  311  (Vt.  3);  327  (Wash  1) 
345  (Wis.  3). 

See  also  Dc])t.  of  archives  and  historv.  1  (Ala.  1);  Public  L.  commit- 
tee. 37  (Conn.  1);  State  L.  11  (Caf.  I);  243  (Ore.  1);  State  board  nf 
educatiiin   (Ida.,  Utah).     See  also  Traveling   L.  commission. 

State  L.  ors.',anizer.     See  State  L.  commissions. 

State  medical  L.     201   (N.  Y.  1). 

State  publications.     See   l'ul)lic  documents. 

State  univ.   L.     145   (Minn.  3). 

Stealing.     See   Penalties. 

Subscriptions  for  L.  sup]iort.     79   (  Ind.  7). 

Subsidies.     See  State  aid. 

367 


INDEX 

Summer  L.  schools.     87  (la.  3)  ;  157  (Mo.  3)  ;  243  (Ore.  1). 

Supreme  court  L.  32  (Col.  2)  ;  245  (Ore.  3)  ;  277  (S.  C.  1)  ;  281  (S.  n.  1). 
See  also   Law   L. 

Tax  lew  for  public  L.,  Maximum  and  minimum  fixed.  33  (Col.  3):  261 
(Pa'  9). 

Tax  rate  limitation.     235   (O.  11). 

Teachers'   L.     Ill    (Ky.   11). 

Township  L.  78  (Ind.  6)  ;  228  (O.  4)  ;  263  (Pa.  11). 

Traveling  L.  1  (Ala.  1)  ;  38  (Conn.  2)  ;  43,  47  (Del.  3,  7)  ;  57  (Ida.  1 )  :  63 
(111.  3) ;  76  (Ind.  4)  ;  87  (la.  3)  ;  103,  110  (Kv.  3,  10)  ;  117  (Me.  1 )  ;  124 
(Md.  2);  135  (Mich.  1);  144  (Minn.  2);  157  (Mo.  3);  165  (Mont.  3): 
170  (Neb.  2) ;  185,  186  (N.  J.  3,  4) ;  206  (N.  Y.  6) ;  220  (N.  D.  2)  ;  243 
(Ore.  1) ;  255  (Pa.  3) ;  273  (R.  I.  3) ;  282,  284  (S.  D.  2,  4)  ;  289  (Tenn.  3) ; 
319  (Va.  1) ;  313  (Vt.  5) ;  329,  333  (Wash.  3,  7) ;  345,  348  (Wis.  3.  6). 

Traveling  L.  for  counties.     13  (Cal.  3). 

Traveling  L.  commission.     32  (Col.  2)  ;  96  (Ks.  2). 

Tuberculosis,  Safeguards  against.     249   (Ore.  7). 

University  of  Wisconsin  L.  school.     346  (Wis.  4). 

Washington  Co.  Free  L.     126  (Md.  4). 

Women  given  right  to  vote  on  L.  questions.     98   (Ks.  4). 

W^omen's  clulis  nominate  members  of  State  L.  commission.     103   ( Kv.  3). 


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